The main legal point established in the judgment is that the evidence against the accused must justify denying bail, and the court must consider the possibility of the accused absconding or tampering with evidence if released on bail.

JUDGMENT

Sarang V. Kotwal, J. - This appeal is preferred by the appellant the National Investigation agency (for short, 'NIa') against the order dated 20th November 2021 passed by the Special Judge below Exhibit-37(Ba) in NIa Special Case No.1090/2021. Vide that order, the Respondent No.1, who was the original accused No.2, was directed to be released on bail in C.R. No.35/2021 registered with Gamdevi Police Station, Mumbai and re-registered as Crime No. RC-01/2021/NIa/Mumbai with NIa for the offences punishable under Sections 120B, 201, 286, 302, 364, 384, 386, 403, 419, 465, 471, 473 and 506 of the Indian Penal Code, under Sections 3 and 25 of the arms act, under Section 4 of the Explosive Substances act, 1908 and under Sections 16, 18 and 20 of the Unlawful activities (Prevention) act, 1967 (for short, 'UaPa'), with certain conditions. The appellant-NIa has challenged that order in this appeal.

2. Heard Shri anil Singh, learned additional Solicitor General for the appellant, Shri Shirish Gupte, learned Senior Counsel for Respondent No.1 and Shri K.V. Saste, learned aPP for Respondent No.2-State.

3. The brief facts mentioned in the charge-sheet and as presented by learned aSG, are as follows:

i. On 25th February 2021, twenty Gelatine sticks and a note threatening a prominent industrialist and his wife were recovered by the Officers of Gamdevi police station from a Mahindra Scorpio vehicle parked on Carmichael Road. On the same day, C.R. No.35/2021 under various Sections of IPC and the Explosive Substances act was registered at Gamdevi police station against unknown accused. The FIR was transferred to Crime Intelligence Unit (CIU) Crime Branch, Mumbai. It was re-registered vide C.R. No.40/2021 and the case was assigned to one Sachin Waze, the then aPI CIU, Crime Branch, Mumbai. Incidentally, said Sachin Waze is now accused No.1 in the present crime. When the Scorpio vehicle was found, it was having a forged number-plate. The initial investigation revealed that the actual number of that vehicle was MH-02-aY-2815. In respect of theft of that vehicle, separate C.R. No.47/2021 was already registered at Vikhroli police station, Mumbai on 18th February 2021. The investigation into that offence registered at Vikhroli police station was also transferred to CIU Crime Branch, Mumbai. It was re-registered as C.R. No.41/2021 and this investigation was also assigned to Sachin Waze. C.R. No.47/2021 of Vikhroli police station originally was lodged by one Mansukh Hiran, who in this case is the deceased, and his murder is also the subject matter of the present case.

ii. Mansukh Hiran was summoned by CIU Crime Branch on 1st March 2021 and 2nd March 2021. He attended the CIU office on 2nd March 2021 and 3rd March 2021.

iii. On 4th March 2021, Mansukh Hiran left his house to meet one police officer, named, Tawde. He did not return home throughout the night and on the next day a Missing Person's Complaint was filed at Naupada police station, Thane by Mansukh's son Meet Hiran, which was registered vide Missing Person's Report No.16/2021. The enquiry was conducted by Naupada police station.

iv. On 5th March 2021, Mansukh Hiran's dead body was found in the creek area of Retibunder. Therefore, an accidental Death Report No.39/2021 under Section 174 of Cr.P.C. was registered at Mumbra police station. The officers of Mumbra police station took up further investigation in that matter. During the course of investigation by Mumbra police station, Mansukh's widow Vimla Hiran alleged foul-play and expressed her suspicion against Sachin Waze.

v. On 6th March 2021, the Government of Maharashtra transferred the cases relating to placing of explosives in Scorpio, theft of Scorpio and death of Mansukh Hiran to aTS Maharashtra for further investigation. On 7th March 2021, aTS Maharashtra converted aDR No.39/2021 of Mumbra police station into an offence of murder by re-registering the case as FIR No.12/2021 under Section 302, 201, 34, 120-B of IPC for commission of murder