Following a clean chit from the National Investigating Agency (NIA), three accused in the 2008 Malegaon blast case, including Sadhvi Pragya Singh Thakur, on Monday moved the special NIA court seeking bail.
The special NIA judge Shripad Tekale admitted the bail application of Sadhvi Pragya Singh Thakur, Shyam Sahu, Shiv Narayan Kalsangra and Pravin Takkalki for hearing and has directed the investigating officer to file reply on Sadhvi Pragya’s bail application by June 6 and on others’ application by June 10.
Sadhvi Pragya’s lawyer has contended in the bail plea that for denying bail to her the prosecution must show that the case is “prima-facie true”. “From the facts on records and more particularly on consideration of chargesheet of NIA, there is no case much less, prima facie case is made out and hence the applicant deserves to be released on bail,” said her bail application.
It is further contended in the bail plea that though the motorcycle, which was used in the blast, is registered in her name, as per statements of prosecution witnesses the motorcycle was in possession of wanted accused Ramchandra Kalsangra so vicarious liability cannot be imposed upon her. It is also said that in this case, “provisions of Sale of Goods Act will be applicable, thereby as soon as possession is delivered, sale will be completed.” It is also argued that she cannot be said to be the owner of the said motorcycle.
Sadhvi Pragya while pressing for her bail has also relied upon the chargesheet recently filed by the NIA. She has pointed out that a few of the witnesses whose statements were used to show her involvement in the blast have not only retracted their confessional statements but also complained to the magistrate of the Human Rights Commission about being tortured by ATS to give false statements.
The bail application also says Sadhvi Pragya had filed for bail in the past too as she was suffering from breast cancer.
