The Bombay High Court has set aside the bail granted to dismissed police officer Sachin Waze in the 2021 Antilia bomb scare case, finding strong prima facie material connecting him to alleged terrorist activities aimed at threatening India’s economic security and creating fear among citizens.
A Division Bench of Justices Girish Kulkarni and Neela Gokhale allowed an appeal filed by the National Investigation Agency (NIA) against the special court’s September order granting bail to the former Assistant Police Inspector (API).
The High Court held that the material presented by the investigating agency prima facie indicated acts intended to threaten the country’s unity, integrity and security, including its economic security, and to spread terror among a section of the population.
The ruling also raised serious concerns over the manner in which the special court had considered Waze’s bail application.
High Court Finds Prima Facie Evidence of Terrorist Activities
Examining the allegations, the Bench observed that the alleged conspiracy specifically targeted the family of industrialist Mukesh Ambani, whose business interests, according to the prosecution, make a substantial contribution to India’s economic development.
The judges found prima facie grounds to conclude that Waze’s alleged conduct was intended to threaten the country’s security, particularly its economic security.
The High Court emphasised that individuals holding positions in law enforcement have a responsibility to protect citizens rather than engage in activities that threaten their safety.
It further observed that no citizen, including an industrialist contributing to the national economy, should face threats of terrorism.
According to the Bench, the prosecution had placed strong prima facie material on record linking Waze to the offences registered against him under the Unlawful Activities (Prevention) Act (UAPA).
The judges also noted that the material indicated an intention to create terror among members of the public and the Ambani family.
Court Examines Alleged Plan to Create Fear and Extort Money
The High Court considered the prosecution’s allegations concerning Waze’s conduct after his reinstatement in police service following a 16-year suspension.
The Bench observed that Waze had sought to rebuild his reputation as a “super cop” and allegedly devised a scheme involving the creation of fear followed by the offer of protection to wealthy industrialists.
According to the court’s observations, the alleged plan involved generating terror among ordinary citizens and the Ambani family, positioning himself as their protector and eventually extracting money from industrialists.
Although the alleged sequence of events resembled a fictional film plot, the Bench held that its consequences involved serious criminal offences.
The judges further observed that Waze had allegedly misused his position in the police force to create an atmosphere of fear, particularly targeting a prominent industrialist’s family.
The court also referred to his influence among several highly placed individuals.
High Court Questions Special Court’s Approach to Bail
While overturning the bail order, the Division Bench expressed profound concern about what it described as the casual manner in which the sessions court had handled the proceedings.
The special court had concluded that the NIA failed to establish a prima facie terrorism case under the UAPA. It had also found no evidence demonstrating that members of the Ambani family were terrorised by Waze’s alleged actions.
In its order, the lower court had questioned the investigating agency’s failure to record statements from members of the Ambani family, asking whether the NIA was waiting for an auspicious time, or “Muhurat”, to do so.
The NIA challenged those findings before the High Court, arguing that the bail order was legally unsustainable.
The agency maintained that Waze was accused of conduct intended to spread terror and was also facing allegations of murder. It sought cancellation of his bail and an interim stay on the special court’s decision.
The High Court initially stayed the bail order, preventing Waze’s release. It has now allowed the NIA’s appeal and quashed the special court’s decision.
Background of Antilia Bomb Scare and Mansukh Hiran Killing
The case originated on February 25, 2021, when an explosives-laden SUV was discovered near Mukesh Ambani’s residence, Antilia, in south Mumbai.
Thane businessman Mansukh Hiran, who had possessed the vehicle before its alleged theft, was subsequently found dead in a creek in Thane on March 5, 2021.
The NIA alleged that Waze, then serving in the Mumbai Crime Branch, personally placed the explosives-filled vehicle near the industrialist’s residence as part of a larger conspiracy.
The agency arrested him on March 13, 2021, in connection with the Antilia bomb scare and Hiran’s killing.
The special court granted him bail in September, but the NIA immediately approached the High Court and secured an interim stay.
As a result, Waze continued to remain in Thane Central Prison despite the bail order.
Following his arrest in the Antilia case, Waze was also implicated in a corruption case investigated by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED). He has already secured bail in that case.
With the High Court now cancelling his bail in the Antilia case, the special court’s order granting him relief no longer stands.
