Mumbai: Sadhavi Pragya Thakur, the prime accused in 2008 Malegaon bomb blasts, on Wednesday sought bail in the Bombay High Court on the ground that she was sick and had spent more than five years behind the bars but the prosecution opposed the relief to her saying there was evidence against her.
Sadhavi is accused of hatching the conspiracy with others which led to the September 29, 2008, blast at Malegaon in Nashik district, leaving six people dead.
Senior Counsel U R Lalit, appearing for the accused, argued there was no direct evidence against Sadhavi to implicate her in the crime.
He said the issue of invoking Maharashtra Control of Organised Crime Act (MCOCA) in this case was pending before the Supreme Court and it is not known when the decision would come. Hence, she should be granted bail at this stage.
Moreover, he said, the allegation that Sadhavi had participated in conspiracy meetings where she had offered to provide manpower to carry out blasts was not relevant because what she had said there was an emotional outburst, and there was no evidence to show that she had taken part in the crime.
However, prosecutor Rohini Salian said there was much evidence to show that Sadhavi had participated in conspiracy meetings at Bhopal and Jabalpur organised by Abhinav Bharat where it was planned to carry out blasts. Some witnesses have given statement to police in this regard, she said.
A two-wheeler registered in the name of Sadhavi was also found at the site of the blast and this allegedly showed her involvement, the prosecutor argued.
A division bench of Justice P V Hardas, however, asked the National Investigating Agency, probing the case, to point out the material to show Sadhavi`s participation in the crime.
The arguments would continue tomorrow.
Sadhavi was arrested on October 23, 2008 and sought bail on the ground that she is suffering from spondylitis, tumour and other ailments for which hospitalisation is needed.
While NIA had offered to get her admitted to Tata Memorial Hospital in Mumbai earlier, she refused to undergo the treatment in police custody, saying she wanted to be released on bail first.