In Brief
A serving Army officer and Military Intelligence official was accused of conspiracy in the 2008 Malegaon bomb blast that killed six persons. After investigation by ATS and later NIA, contradictions emerged between their charge sheets. Prosecution witnesses retracted statements, alleging torture by ATS. The NIA dropped charges under MCOCA. The High Court had rejected bail. The Supreme Court, observing material contradictions between agencies, witness retractions, and allegations of evidence planting, held that these constituted fresh grounds warranting reconsideration. Balancing citizen liberty against security and considering the appellant's 8+ years imprisonment, the Court granted bail with stringent conditions, emphasizing these observations would not influence other accused's bail or the trial on merits.">
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