Bombay HC Slams NIA's ' Altogether New Story ,' Discharges Four in 2006 Malegaon Blasts

In a stinging rebuke to the National Investigation Agency (NIA) , the Bombay High Court has discharged four men accused in the deadly 2006 Malegaon bomb blasts that killed 31 and injured over 300. A division bench led by Chief Justice Shree Chandrashekhar and Justice Shyam C. Chandak ruled on April 22, 2026 , that there was " no sufficient material " to proceed to trial, overturning charges framed under serious provisions like murder ( IPC s.302 ), terrorism ( UAPA s.15 ), and explosives laws.

The appellants— Manohar Ramsingh Narwaria , Rajendra Vikramsingh Chaudhari , Dhan Singh Shiv Singh , and Lokesh Sharma —had challenged the special NIA court 's September 30, 2025 order under s.21 of the NIA Act.

Blasts on Shab-e-Barat: A Tale of Shifting Probes

The September 8, 2006 blasts targeted a Muslim-majority area in Malegaon, Nashik district, during Shab-e-Barat prayers, ripping through Hamidiya Masjid, Bada Kabrastan, and Mushawarat Chowk. Initial probes by Maharashtra Police (Crimes 95/96/2006) pointed to Islamist militants linked to SIMI .

The ATS took over (Crime 07/2006), charging 13 suspects including Dr. Farogh Iqbal Ahmed Magdumi and Shaikh Mohd. Ali Alam , alleging Pakistan-trained operatives assembled RDX bombs in a godown. CBI supplemented this in 2010. But in 2011, post-swami Assemanand 's confession in another blast case implicating Hindu groups, NIA re-investigated (RC-03/2011/NIA-DLI), filing a 2013 supplementary chargesheet naming the appellants as part of a Hindu conspiracy led by deceased Sunil Joshi .

As news reports noted, the HC criticized NIA for "projected an altogether new story " ignoring ATS / CBI evidence like RDX traces and voice samples.

Appellants Cry Foul: 'No Fresh, Admissible Proof'

Counsel Girish Kulkarni (for Narwaria/Sharma) and Kaushik Mhatre (for Chaudhari/Dhan Singh) argued NIA's case rested on inadmissible disclosure statements (not under CrPC s.164 ), retracted confessions from prior accused, and belated Test Identification Parades (TIPs) six years post-blasts. They cited Vinay Tyagi v. Irshad Ali (fresh probes impermissible) and Gireesan Nair v. State of Kerala (TIPs lack evidentiary value alone).

No eyewitness linked appellants to blasts; bicycle purchases were hearsay, recoveries from public spots didn't qualify under Evidence Act s.27 . Discharge applications were earlier "not pressed," but charge framing ignored ATS / CBI 's SIMI narrative.

NIA Defends: Circumstantial Chain Holds

NIA, via ASG Anil C. Singh , countered with arrest panchas, disclosures leading to training sites in Bagli (MP), TIPs, FSL reports on fingerprints/handwriting, and spot verifications (e.g., bomb-planting spots, bus stands). They claimed Assemanand's statement and retracted prior confessions supported a prima facie conspiracy .

Judicial Sifting: Confessions, TIPs, and Probe U-Turns Don't Cut It

Applying CrPC ss.227/228 standards (sift evidence for " grounds to presume " offence, not mini-trial ), the bench dissected NIA's evidence. Disclosure statements inadmissible ( Ibrahim v. King ); TIPs worthless after years ( Budhsen v. State of UP ; delays in Subash , Ramana Reddy ). Recoveries post-six years from open areas? No s.27 link ( Pulukuri Kottaya ).

HC lambasted NIA's de novo probe contradicting ATS / CBI 's RDX/voice evidence: "The diagonally opposite stories... cannot be reconciled." Retracted statements unreliable; no independent eyewitnesses. Per Sajjan Kumar v. CBI , mere suspicion insufficient— grave suspicion needed, absent here ( Rajiv Thapar ).

Special Judge erred acting as "post office," ignoring ATS discharges (2016) of original accused.

"The disclosure statements of the appellants and other materials collected by the NIA cannot be relied upon to frame charges against them." (Para 12)

"The Test Identification Parade conducted by the NIA about six years after the occurrence would have no probative value." (Para 13)

"The NIA projected an altogether new story that the appellants... entered into a criminal conspiracy." (Para 16)

"There is no sufficient material on record to proceed against the appellants." (Para 21)

Relief Granted: Case Hits Dead End, Accused Walk Free

Appeals allowed; September 2025 charge order quashed. Appellants discharged, bail bonds discharged. Implications? Reinforces scrutiny in sequential probes—agencies can't "wipe out" prior findings. Future NIA cases may face stricter charge-framing tests, especially with retracted evidence. As media highlighted, HC flagged "gaps in the probe," urging integrity over narratives.

This ruling closes a 20-year saga, but NIA's ongoing probe ( s.173(8) CrPC ) leaves room for twists.