Even as Telangana government promises to file an appeal against the granting of bail to swami Aseemanand, proceedings of the Special NIA court show that the special public prosecutor appearing for the National Investigating Agency (NIA) had opposed the bail application stating that there was "prima facie case against him and cogent evidence against him was on record". He had also expressed fear that "if released on bail there is every possibility of his non appearance which may sub serve the purpose of speedy trial".
Swami Aseemanand, who goes by at least three other names, Nabha Kumar Sarkar, Omkaranand and Ramdas, had filed an application for bail at special NIA court in Hyderabad after getting acquitted in the Ajmer blast case last month. His advocates in a page long application told the court that the 66-year-old man has been behind bars for the last seven years of his life, and due to this he has developed many ailments.
The application had stated that there was "no legally reliable evidence against Aseemanand except the fabricated extra judicial confession and the alleged statement under section 164 of Criminal procedure Code (CrPC) which he has retracted".
They alleged that the prosecution has failed to examine the witness as per the trial programme which resulted in Aseemanand languishing in jail for seven years. The application filed through his advocate predicts that "there is no possibility of disposal of the case expeditiously".
In the Mecca Masjid blast case, nine people had died when a deadly bomb had gone off in the central city area on May 18, 2007. In total there are eight accused in the case. While four accused were already on bail, one had died during the course of trial, and two others were absconding. Aseemanand was the only one behind bars. The application had thus sought bail for Aseemanand looking at his age, infirmity, health condition and the pendency of the case for last several years. Gujarat resident Aseemanand's lawyers promised the court that he would appear in court for each and every hearing.
The court overrode all the fears of the special public prosecutor and said that since he has been acquitted by the Jaipur court in the 2011 blast case at Ajmer, he was inclined to give bail while imposing certain conditions. With this, the sixth accused in the case, Aseemanand, was asked not to leave the twin cities of Hyderabad and Secundrabad and to submit his passport in court.
The Hyderabad court has also issued warrants to three others accused in the case, Devendra Gupta, Lokesh Sharma, Rajendra Chaudhry, who have to be produced in court next week for the case hearing.
While Devendra Gupta has already been convicted in the Ajmer blast case, Lokesh Sharma and Rajendra Chaudhry are accused in the Malegaon 2006 blast case against whom the trial has not even started and their bail applications are being heard by Bombay High Court right now.