Mumbai: A Special National Investigation Agency (NIA) Court in Mumbai has granted bail to dismissed police officer Sachin Waze in the 2021 Antilia bomb scare and Mansukh Hiran murder case, holding that the prosecution failed to establish a prima facie case of terrorism under the Unlawful Activities (Prevention) Act, 1967 (UAPA).
Special Judge Chakor S. Baviskar observed that there was insufficient material on record to demonstrate that industrialist Mukesh Ambani or any member of his family had been terrorized by the alleged acts attributed to Waze.
The case arose from the discovery of an explosives-laden SUV near Antilia, the Mumbai residence of Mukesh Ambani, on February 25, 2021. Subsequently, businessman Mansukh Hiran, who had reported the vehicle stolen, was found dead in a creek in Thane on March 5, 2021.
During the bail proceedings, the court questioned the prosecution's reliance on terrorism-related charges under the UAPA. It noted that investigators had not recorded statements from any member of the Ambani family, despite alleging that the purpose of the act was to create terror in their minds.
The court further observed that there was no evidence indicating any disruption to the daily lives or business activities of the Ambani family following the incident. It held that the prosecution had failed to identify any person who was actually terrorized as a result of the alleged conspiracy.
Another significant factor considered by the court was the nature of the explosives allegedly recovered from the vehicle. The court noted that the gelatin sticks found in the SUV lacked detonators, raising questions regarding whether the material could satisfy the statutory definition of a “terrorist act” under Section 15 of the UAPA.
With respect to the death of Mansukh Hiran, the court acknowledged that the material suggested a homicidal death. However, it held that the alleged murder could not automatically be treated as a direct consequence of a terrorist act for the purposes of invoking stringent UAPA provisions.
The court also considered the principle of parity, noting that co-accused Pradeep Sharma and Sunil Mane had already been granted bail. Waze has remained in custody since March 2021.
Accordingly, the court granted bail on a personal bond of ₹1 lakh with conditions, including restrictions on entering certain districts until the examination of key witnesses. However, subsequent reports indicate that the Bombay High Court has temporarily stayed the operation of the bail order after the NIA challenged the decision.