The National Investigation Agency (NIA) on Saturday informed a special MCOCA court in Mumbai hearing the 2006 Malegaon bomb blast case that it would not oppose the bail plea of the nine accused facing the charges.
This was stated by prosecutor Rohini Salian to judge YD Shinde who took on record a reply filed by NIA on bail applications filed by all the nine accused.
NIA contended that during further investigation into the case after the revelation by Swami Aseemanand, arrested in Mecca Masjid bomb blast case, about the alleged involvement of a right wing group, it had reviewed the evidence collected by previous investigating agencies ATS and CBI and also collected fresh evidence in the form of documentary and oral evidence.
"After due deliberations a decision was taken on the basis of facts and circumstances not to oppose the bail applications of all the nine accused who were earlier arrested and charge sheeted," NIA said.
"However, the NIA would not admit any contentions of the accused in the bail petitions so far as they relate to the charge sheet filed by previous investigating agencies, so also the facts and circumstances which came to light during the investigation by NIA if they are also traversed by the accused," it said.
The investigating officer had placed new findings and circumstances in the form of evidence before the superior officer for taking a view whether the bail application of the accused should be opposed in the court or not at this stage. Further investigations are in progress to collect more evidence for arriving at a definite conclusion, NIA said.
The court adjourned the matter and would hear the parties after lunch recess.
In the wake of Swami Aseemanand's confession that pointed to a right-wing group's involvement in the case, the nine accused had sought bail. Aseemanand had been arrested for his alleged role in the 2007 Mecca Masjid blasts.
"From the confession, it is clear that those responsible for the 2006 Malegaon blasts, are persons far removed from the current accused," they said in their bail plea.
The nine accused further pleaded that they have been in jail for the past four years and "there is no direct evidence of their involvement in the said offence and it was only based on the forcibly-taken confession statement".
Aseemanand, in his confession, that was recorded before the magistrate few months ago, had alleged that a right-wing group was responsible for the 2006 blasts in Malegaon, which killed 37 people and injured over 100.
The blasts had occurred near Hamidia mosque in the Bada Kabristan area around 1.15 pm on September 8, 2006, after Shab-e-Barat prayers.
Police had arrested nine persons -- Salman Farsi, Shabir Ahmed, Noorulhuda Doha, Rais Ahmed, Mohammed Ali, Asif Khan, Javed Sheikh, Faroogue Ansari and Abrar Ahmed -- for their alleged involvement in the blasts.