ALMOST A month after the Supreme Court granted bail to Lieutenant Colonel Prasad Purohit, two others in the Malegaon 2008 blasts were granted bail by a special court in Mumbai on Tuesday. Sudhakar Dhar Dwivedi alias Swami Amrutanand Devtirth and Sudhakar Chaturvedi were granted bail on the surety of Rs five lakh each by special Judge SD Tekale. Both have been in custody since 2008 when they were arrested by the Maharashtra Anti-Terrorism Squad.
The court referred to the bail orders of co-accused Purohit and Pragya Singh Thakur. “When A1 (Thakur) is exonerated by the NIA from this case, A1 and A9 (Purohit) are released on bail as there is no prima facie case against them, merely on the ground that A10 (Dwivedi) was in contact with them, he cannot be detained further,” the court observed. The ATS had claimed that Dwivedi was in possession of SIM cards through which he was mostly in contact with Thakur and occasionally with Purohit.
The court also relied on evidence from the two meetings which were allegedly held in Faridabad and Bhopal in connection with the blasts. The court relied on the transcripts seized from the laptop of Dwivedi on the meeting held in Bhopal on April 11 and 12, 2008. The transcripts alleged that in the meeting, the establishment of a Hindu rashtra and a government-in-exile was discussed. According to the transcripts, the accused were not ready to accept the present Indian Constitution and wanted to present a new Constitution according to their ideology.
“Nowhere it is the case of the prosecution that in the said meeting the subject of causing bomb blast at Malegaon was discussed. Nowhere it is the case of the prosecution that A10 was carrying RDX at any time or was personally engaged in preparing bomb, nowhere it is saying absconding accused were his men, nowhere it is the case that the motorcycle used in the blast belonged to A10,” the court observed. The court observed “mere discussion in the meetings” falls short to say that there is prima facie against the two accused seeking bail. The bail plea of retired Major Ramesh Upadhyay is currently pending before the Bombay High Court. Others still in custody include Rakesh Dhawde and Sameer Kulkarni.