A Mumbai NIA court on Tuesday granted bail to former police officer Sachin Waze in the 2021 Antilia bomb scare and Mansukh Hiran murder case, observing that the prosecution had failed to establish a prima facie case of terrorism against him under the Unlawful Activities (Prevention) Act (UAPA), reported the PTI.
On February 25, 2021, an explosives-laden SUV was found parked near Antilia, the south Mumbai residence of industrialist Mukesh Ambani. The vehicle was later linked to businessman Mansukh Hiran, who was found dead in a creek in neighbouring Thane on March 5.
The case was subsequently taken over by the National Investigation Agency (NIA), which accused Waze and others of entering into a criminal conspiracy between February and March 2021.
Gelatin sticks lacked detonators
According to the PTI, the court referred to the gelatin sticks recovered from the SUV. It also noted that the sticks did not have detonators and, therefore, could not be used to cause an explosion.
The court held that this fell short of the "means" required to constitute a terrorist act under Section 15 of the UAPA.
Hiran murder treated as separate offence
On the death of Mansukh Hiran, the court observed that although it was a homicidal death, it was not the direct result of a terrorist act, as per the PTI.
The court said the alleged murder could be treated as an independent offence under Section 302 of the Indian Penal Code (IPC), which would not attract the stringent bail restrictions applicable under the UAPA, as per the PTI.
The court subsequently allowed Waze's bail application and directed his release on a personal bond of Rs 1 lakh with one surety, reported the PTI.
NIA case against Waze
The prosecution had alleged that Waze and others were part of a conspiracy involving the placement of the SUV containing explosives near Antilia and the subsequent murder of Hiran, the news agency reported.
Waze, a former Mumbai Police officer, has denied the allegations. The latest court order concerns the question of bail and the applicability of the UAPA provisions; it does not amount to a final determination of guilt or innocence.
(with PTI inputs)
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