The Bombay High Court on Wednesday rejected the bail plea of 2008 Malegaon blast accused Lt Colonel Prasad Shrikant Purohit but allowed liberty to co-accused Ajay Rahirkar on certain conditions.
"Lt. Colonel Purohit was not just involved in talking about Hindu rashtra, but is
alleged to have been instrumental in making RDX available," the judge observed while rejecting his bail.
"Reliability of evidence about his bragging to a witness that he had RDX in his possession and the evidence about finding of RDX on a cotton swab would have to be decided at trial. Therefore, he would not be entitled to bail," observed Justice R C Chavan.
"As far as Ajay Rahirkar is concerned, firstly, there is nothing in the conversation to show his involvement. Secondly, all that he could be said to have done is financing purchase of some arms and not any material used in the blasts at the instance of Purohit from the funds of a trust. Hence, Rahirkar would be entitled to bail," the judge held.
Rahirkar was ordered to be released on bail on his furnishing a personal bond of Rs. 1 lakh with one or more solvent sureties in the same amount.
The judge asked Rahirkar to scrupulously keep himself away from all witnesses and report at the office of National Investigating Agency or its representative in Mumbai once a month on a convenient date to be fixed by the trial court till the case is over.
Nisar Ahmed Haji Sayed Bilal, a Malegaon resident, had intervened in the matter and opposed the bail plea of both the accused.