1. These two applications for bail have been filed by two persons arrested and chargesheeted in connection with bomb blasts at Malegaon, District Nasik on 29th September, 2008, for their alleged involvement in offences punishable 120B, 302, 307, 326, 324, 153-A, 427 of the Indian Penal Code read with Sections 3, 4, 5 and 6 of Explosive Substances Act read with Sections 3(1)(i), 3(2), 3(4) and 3(5) of the Maharashtra Control of Organised Act (hereinafter referred to as MCOCA) and read with Sections and Sections 3, 5 and 25 of the Indian Arms Act read with Sections 16, 18 and 23 of Unlawful Activities (Prevention) Act (hereinafter referred to as UAPA). The applicants were arrested on 5th November, 2008 and 2nd November, 2008 respectively.

2. Facts which are relevant for the purpose of deciding these two applications and which may, for the sake of arguments, be taken to be not in serious dispute are as under:-

Applicant Lt. Colonel Prasad Purohit is a serving Army officer, who was also associated with Military Intelligence and Anti Terrorism/Insurgency activities. He claims to have knowledge about various terror outfits. Applicant Ajay Rahirkar is a businessman/industrialist by profession. Coaccused (who are not applicants) include Sadhvi Pragya Singh Thakur, Sudhakar Dhar Dwivedi alias Shankaracharya and one Rakesh Dhawade. These persons (along with others, some of whom are not arrayed as accused but are cited as witnesses) formed an organization known as 'Abhinav Bharat Trust' at Pune in 2006 with headquarters at the address of Ajay Rahirkar. It was registered on 9th February, 2007. They allegedly took an oath to strive to turn India into a Hindu Rashtra called Aryawart. The members met from time to time to discuss various aspects for achieving their goal. Accused Shankaracharya is stated to have recorded conversations at the meetings and these recordings are the foundation of case built up against the two applicants.

3. The applicants are not shown to have been involved in any criminal activities in the past. There had been two prior crimes registered at Parbhani and Jalna in 2003 and 2004. Accused Rakesh Dhawade, who was arrested in November, 2008, was shown as accused in those cases, and supplementary chargesheets were filed against him for involvement in crimes at Jalna and Parbhani on 15th November, 2008 and 13th November, 2008 respectively. Approval for applying provisions of MCOCA to the present crime was granted on 20th November, 2008 and this is how applicants have been booked for the offences under the MCOC Act.

4. Apart from deliberation at the meeting, the investigators found that the accused persons had organized an activity for showing how bombs/explosives explode in a jungle near Pune, about which according to the learned counsel for the applicants, evidence from villagers is missing. Rahirkar is alleged to have paid for purchase of some arms from the funds of Abhinav Bharat at the instance of Lt. Colonel Purohit. Purohit is supposed to have bragged to a witness and shown him explosive RDX which, he is alleged to have got from some army operation in Kashmir. But at the same time there is also a statement showing Purohit's inability to get RDX. Yet residues of RDX were collected on a cotton swab from Sudhakar Chaturvedi's accommodation at Deolali. The learned counsel for the applicant Purohit contends that this was planted by a police officer who entered the quarters surreptitiously before actual seizure of the residue was made.

5. As far as applicant Ajay Rahirkar is concerned, as treasurer of Abhinav Bharat, he is alleged to have received funds from various quarters including one Jindal and spent it at the instance of Lt. Colonel Purohit for purchase of arms and for other activities unconnected with the objectives of the trust, without keeping any accounts and without furnishing the same to statutory authorities. Thus, it is alleged that applicant is involved in unlawful activities.

6. On completion