Mumbai: In a major setback to National
Investigation Agency (NIA), the Bombay High Court today
granted bail to two accused in the September 2008 Malegaon
bomb blast case after observing that there was no material to
connect the duo to the blast.
Shivnarayan Kalsangra and Shyam Sahu, in custody since
October 2008, were granted bail on a surety of Rs one lakh
"There is no sufficient material to show prima facie
involvement of the two accused in the blast case. They have
not taken any active part in the blast conspiracy. The only
link of these two accused to the blast case is that they knew
the prime accused Ramchandra Kalsangra, who is yet to be
arrested," Justice A M Thipsay remarked while granting bail.
The court further observed that though the duo were
aware about Ramchandra`s involvement in unlawful activities
and about his strong philosophy for Hindutava, it is not
sufficient to accuse them of being part of the conspiracy.
"The NIA, which has taken over the probe recently from
the State Anti Terrorist Squad (ATS), has been unable to point
out specific evidence against the two accused and are claiming
that the probe is still on. The trial is not yet started in
the case in such circumstances the accused is not required to
languish in jail," Justice Thipsay said.
The court however observed that while there is material
against Ramchandra there is no incriminating evidence against
Shivnarayan and Shyam.
Shivnarayan is Ramchandra`s brother and Shyam was his
business partner. Ramchandra is still absconding in the case.
Twelve persons including Sadhvi Pragya Singh Thakur
and Lt Col Prasad Purohit were arrested for carrying out blast
at Malegaon on September 29, 2008, killing six persons and
injuring 100 others.
The accused have been booked under the stringent
Maharashtra Control of Organised Crime Act (MCOCA), Unlawful
Activities Prevention Act (UAPA), besides the Indian Penal
The trial is yet to commence as some of the accused have
challenged the invocation of MCOCA in the case before the
Supreme Court, which is pending.