1. Heard learned counsel for the parties.

2. The Applicant is original accused no.1 in MCOC Case No. 1 of 2009 on the file of Special Court1, MCOC, Greater Bombay. She applied for bail before the Special Judge by moving an application being Bail Application No. 2 of 2009. The bail was sought under the provisions of Section 21(2)(b) of the Maharashtra Control of Organised Crimes Act (for short `the MCOCA ). The bail was also sought under Section 167(2) of the ’ Code of Criminal Procedure, 1973. That application having been rejected by the order dated 9/07/2009, the applicant original accused no.1 has approached this court seeking bail.

3. Before setting out the grounds on which the relief is sought, it would be worthwhile setting out a few facts.

4. Bail Application No. 2 of 2009, copy of which is annexed at page89/ 98 of the paper-book was filed before the trial court on 14/01/2009. It is the case of the applicant Sadhvi Pragya singh Thakur that she is formerly a resident of District Bhind, State of Madhya Pradesh. She has renounced the material world and became a Sadhvi on/or about 31/01/2007, pursuant to a religious ceremony conducted at Prayag (Allhabad), State of Uttar Pradesh.

5. It is her case that thereafter she has been residing at Jabalpur in the State of Madhya Pradesh in a rented accommodation. She was residing in this accommodation which belongs to one Agarwal family. She has been conducting her religious and spiritual activities from that place with the help of her disciples, associates etc.

6. A bomb blast took place within the jurisdiction of Azad Nagar Police Station at Malegaon on 29/09/2008. Six persons died and dozens were injured. A crime was registered initially against unknown persons (C.R. No. I/130 of 2008) under Sections 302, 307, 324, 427, 153(A) of IPC and Sections 3, 4 and 5 of The Explosive Substances Act, so also, Sections 6, 18 and 23 of The Unlawful Activities Prevention Act, 1967. The investigations in this C.R. were initially carried out by the local police station in Malegaon. Subsequently, the investigation of this crime was entrusted to the Anti Terrorism Squad, Mumbai (ATS for short). Therefore, the C.R. was renumbered as C.R. No. I18 of 2008.

7. It is the case of the applicant that the allegations in the C.R. are that a vehicle (two wheeler LML Freedom) was used by the perpetrators – of the crime. This vehicle was depicting the number plate bearing registration number MH15P4275. However, this vehicle actually bears registration number GJ5JR1920. It is the prosecution’s case that both engine and Chassis numbers were tampered with beyond recognition. However, with the help of advanced technology and scientific aid, the prosecution was able to collect the original registration number. It is alleged that the details revealed that the said vehicle belonged to the applicant. The applicant is therefore arrayed as accused no.1 in the crime.

8. In paragraph7 of the application for bail filed in the trial court, the applicant states as under :

“That, the applicant was officially arrested on 23/10/2008 by the Opponent ATS and was produced before the Learned Chief Judicial Magistrate, Nasik on 24.10.2008 and the police custody remand of the applicant along with two other accused was sought by the investigation agency, which was granted till 03/11/2008. Marked and annexed hereto as Exhibit A is the copy of the remand application dated 24/10/2008 ’ filed by the ATS before the learned Nasik court.”

9. It is thereafter alleged that when the applicant was produced before the learned Chief Judicial Magistrate, Nasik she had no opportunity to engage services of a lawyer. She was informed by the ATS about her right to avail the same. Moreover, she was extremely frightened due to the treatment meted out to her by the ATS. She could not muster enough courage to say anything. She was not aware of legal formalities and therefore when she was again produced seeking fresh police custody remand on 3/11/