Mumbai: A special NIA court on Tuesday granted bail to former policeman Sachin Waze in the 2021 Antilia bomb scare and Mansukh Hiran murder case, saying the prosecution failed to establish a prima facie case of terrorism under the Unlawful Activities (Prevention) Act (UAPA) against him.
Special Sessions Judge Chakor S Baviskar said there is nothing on record to infer that the Ambani family was "terrorised" in any manner.
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On February 25, 2021, an explosives-laden SUV was found near industrialist Mukesh Ambani's residence 'Antilia' in south Mumbai. Businessman Masnukh Hiran, who was in possession of the SUV, was found dead in a creek in neighbouring Thane on March 5, 2021.
The court questioned the National Investigation Agency's (NIA) application of the stringent UAPA, noting the agency failed to record statements from any member of the Ambani family to prove they were terrorised.
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"There is absolutely nothing on record even to infer by any stretch of imagination that the Ambanis or anyone of them is/was, are/were ever terrorised in any manner," it said.
The court asserted that the day-to-day business of the Ambanis does not appear to have been disturbed even for a minute, from soon after the incident till this moment.
"Though according to the prosecution, Sachin Waze wanted to strike terror or the act of the accused was likely to strike terror in the minds of Ambanis..., there is nothing on record to that effect," it observed.
Furthermore, the court noted that the gelatin sticks found in the SUV parked near the Ambani residence lacked detonators, rendering them useless for an explosion and falling short of the "means" required to define a "terrorist act" under Section 15 of the UAPA.
Addressing the murder of businessman Mansukh Hiran, the court stated that while it was a homicidal death, it was not the direct outcome of a terrorist act.
The court noted that it remains an independent offence under Section 302 (murder) of the Indian Penal Code (IPC), which bypasses the stringent bail restrictions of the UAPA provisions.
It allowed Waze's bail application, directing his release on a personal bond of Rs 1 lakh with a surety.
The prosecution has accused Waze and others of forming a "terrorist gang" and entering into a criminal conspiracy between February and March 2021.
