MUMBAI: A special NIA court granted bail to dismissed police officer Sachin Waze in the Antilia explosives scare and Mansukh Hiran murder matter, holding that the material placed with the charge-sheet was sufficient for framing charges but not enough to deny bail at this stage.In custody since 2021, Waze will now walk out of jail.“Had it been the case at the threshold, I would have outrightly turned down the applicant’s prayer,” Special Judge Chakor S Baviskar said, before allowing the bail plea.The order recorded that no statement of any Ambani family member or close relative had been recorded. “It is impossible to accept that, any such terror was in fact ever created in the mind of anyone, least in the minds of Ambanis,” the court said.The court also observed, “Till this moment, there is no statement recorded under section 161 or section 164 of the Code of Criminal Procedure…(the CrPC) of any of the family members of the Ambanis, nor of their near and dear relatives. Not even a single.”The order questioned the delay in recording statements of the alleged targets.“No one knows which Muhurat (good appropriate and auspicious time) the Investigating Agency is waiting for to record statement of any of the targets of the alleged terror, after such long gap of 5-6 years already lapsed after the incident of parking of the explosive laden SUV,” the court said.Waze had sought bail after the Bombay High Court permitted a fresh application before the trial court, noting that investigation had progressed, the charge-sheet had been filed and charges had been framed.The high court had directed that the fresh plea be decided on merits, expeditiously and “without being influenced in any manner” by the earlier bail rejection order.The case began with a complaint by businessman Mansukh Hiran, who reported that a Mahindra Scorpio vehicle had been stolen.Days later, the same vehicle was found parked near Shikhar Kunj building on Carmichael Road, close to Antilia, the residence of Mukesh Ambani and family.The vehicle allegedly contained 20 gelatin sticks and a threat note. Hiran later went missing after leaving home to meet a police officer, and a body later identified as Hiran’s was found in a creek near Retibunder.An accidental death report was converted into a murder case after allegations of foul play, including by Hiran’s wife, who accused Waze.The NIA alleged that Waze, after returning to the police force following a long suspension, wanted to regain influence and project himself as a “super cop”.According to the prosecution, Waze allegedly hatched a conspiracy to create fear among wealthy persons and extort money.The agency claimed that Hiran’s Scorpio was used in the conspiracy, that false theft proceedings were created, that gelatin sticks and a threat note were planted in the vehicle, and that Hiran was later killed because Hiran was seen as a weak link who could expose the alleged plot.The court noted that the prosecution’s theory of a terrorist act rested heavily on the allegation that Waze intended to create fear in the minds of the Ambani family.However, Special Judge Baviskar said, “There is literaly no iota of material to show any demand of money by this applicant/accused Sachin (A/1) to the Ambanis. Not a whit.”The court rejected the prosecution’s reliance on the statement of a shop salesman near the spot, noting that the witness merely said the incident left the witness “shocked” after learning later that explosives were found.“In commission of the terrorist act, intention of the accused is important and not the undesired, unforeseen consequences which were never expected, nor even remotely intended by the accused,” the court said.On the UAPA charge, the court held that the allegation did not prima facie show a threat to India’s unity, integrity, security, economic security or sovereignty.The court further said the expression “people or any section of the people” would not ordinarily include “a particular single family or its members”.The order also recorded that gelatin sticks without a detonator or fuse were argued to be insufficient for invoking the terror provision, and that the prosecution did not successfully counter the argument.The court distinguished between the standard for framing charges and the standard for deciding bail.“Criteria for bail and for framing of charge, thus may be similar at certain extent, but certainly they are not exactly the same,” Special Judge Baviskar said.The court added that at the stage of charge, the prosecution material is taken as it is, but while deciding bail, “more serious evaluation of the material at least at certain extent, is required.”On the murder charge, the court said Hiran’s death was homicidal and the killing was “certainly quite unfortunate”.At the same time, the court noted that the evidence against Waze was circumstantial and that other accused alleged to have played direct roles in the murder had been granted bail.“When (dismissed cops) Pradeep (Sharma) and Sunil (Mane) who are more directly involved in murder of Mansukh, are granted bail, then present applicant/accused Sachin deserves atleast some extent of parity in this regard,” the court said.The NIA opposed bail, arguing that Waze was the main accused, that a prima facie true case existed, and that release could harm the case, lead to witness intimidation, evidence tampering and flight risk.The court rejected those concerns with conditions, observing that the evidence had already been collected and that there was no material to support the fear that Waze would flee. “There is nothing to buttress the hypothetical fear of the NIA that, if released on bail, he might flee away,” the court said.Waze was ordered to be released on a personal bond of Rs 1 lakh with a local solvent surety of the same amount.Waze must surrender any passport, or file an affidavit if no passport is held. Until material witnesses are examined, Waze cannot reside in or enter Mumbai, Navi Mumbai, Raigad, Thane or Palghar, except to attend court proceedings.Waze must give the court and the NIA a residential address outside those districts, keep a mobile phone active, report every Sunday to the local police station of residence, respond to calls or video calls from the NIA or local police, and avoid any contact with witnesses or their relatives.The court warned that breach of any condition would invite legal consequences
