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Malegaon 2006 blasts case: Bail plea of 4 to be decided on June 6

Manohar Nawaria, Rajendra Chaudhary, Dhan Singh and Lokesh Sharma had applied for bail in February this year.

By: Express News Service | Mumbai |
June 1, 2016 2:25:48 am
malegaon, malegaon blast 2006, malegaon blast, 2008 malegaon blast, NIA, 2008 mumbai blast, sadhvi pragya singh, bail, NIA, malegaon blast accused, mmbai news, india news, indian express news Manohar Nawaria, Rajendra Chaudhary, Dhan Singh and Lokesh Sharma had applied for bail in February this year.

The special NIA court will, during its hearing on June 6, decide on whether to grant bail to four accused in the Malegaon 2006 blasts case who claim to have been wrongly implicated by the National Investigation Agency (NIA).

Manohar Nawaria, Rajendra Chaudhary, Dhan Singh and Lokesh Sharma had applied for bail in February this year.

The Malegaon 2006 case had two sets of accused, with the investigation being carried out by three agencies — the Maharashtra ATS, the CBI and the NIA — over the years. The case is currently with the NIA.

In April, the court discharged nine Muslim men who had been chargesheeted by the ATS and the CBI.

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The case was transferred to the NIA in 2011 after Swami Aseemanand, an accused in the Ajmer Sharif and Mecca Masjid blasts, recorded his statement before the magistrate in 2010, saying the Malegaon 2006 blasts was the handiwork of RSS pracharak Sunil Joshi and his men.

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While the nine Muslim men were in custody in connection with the crime, Assemanad’s statement led to the arrest of Nawaria, Chaudhary, Singh and Sharma.
The lawyers for the four claimed that though Aseemanand retracted his statement and said it had been made under coercion, the NIA relied on it to make arrests in the case.

“The NIA cannot lay the foundation of their investigation on Aseemanand’s statement, which has been retracted. The arrests of these accused were made as part of a political script with a political motive,” said advocate Prashant Maggu.

He claimed that the NIA had made the arrests on a political motivation prompting special public prosecutor Prakash Shetty to oppose it.

“Would the same thing be said about the NIA in the Malegaon 2008 case where Sadhvi Pragya Singh Thakur has been given a clean chit?” Shetty argued.

Maggu is also representing Thakur in the Malegaon 2008 blast case, where the NIA has stated in its recent chargesheet that there is no evidence to maintain the terror charges against her.

He argued that the NIA had made no attempts to substantiate the charges against the accused.

“There were no soil samples collected from the homes where allegedly the bombs were assembled. The NIA case is that two of the accused had bought bicycles used to plant bombs. Can it be believed that a person who sold the bicycles to them in 2006 recognised them in 2013 without either of them having any peculiar characteristics to remember them for?” Maggu asked in the court.

He also said the disclosure memos recorded by the NIA by different officials with different accused were ‘ad verbatim’, which showed they could be “manufactured evidence”.

Opposing the bail, the NIA has refuted these claims.

The agency has stated that it had enough evidence to show that these four accused, along with absconding accused Ramchandra Kalsangra and Sandeep Dange, conspired, underwent training, conducted reconnaissance at Malegaon and executed the blasts.

Special Judge V V Patil has reserved the order for June 6.

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