Nalasopara arms haul: Bombay High Court grants bail to Sanatan Sanstha's Vaibhav Raut in UAPA case

The Bombay High Court on September 20 granted bail to Vaibhav Raut, a member of the Hindu Govansh Raksha Samiti and Sanatan Sanstha, who is accused under the Unlawful Activities (Prevention) Act (UAPA) in connection with the Nalasopara arms haul case of 2018. .A division bench of Justices Revati Mohite Dere and Gauri Godse allowed a bail application filed by Raut challenging an order of the trial court that had rejected his bail application.The Court observed that for an offence punishable with 5 years imprisonment, Raut had already spent 5 years in custody and the trial was also far from its conclusion. "The minimum sentence that can be awarded under the provisions of the UAPA is 5 years and the same can extend up to life imprisonment. The appellant is in custody and has been incarcerated for the last 5 years. The prosecution intends to examine about 417 witnesses. It is not disputed that to date only 4 witnesses have been examined by the prosecution," the Court observed in its order uploaded on its website on October 5. .Raut was booked under Sections 4 and 5 of the Explosives Substances Act, 1908, Section 9(B) of The Explosives Act of 1884, Section 120B of the Indian Penal Code and and Sections 16, 18 and 20 of UAPA.The prosecution case was that Raut was part of a conspiracy to destabilize India and destroy the sovereignty and integrity of India by indulging in terrorist activity.The accused allegedly collected or prepared crude bombs and used them to prevent screening of movies, holding of Western cultural programmes and organisation of events such as the ‘Sunburn’ festival in Pune and other events which according to Sanatan Sanstha are perceived to be against the tenets of Hinduism..Raut had applied for bail on the grounds of long incarceration after his bail had been rejected by the trial court. His bail application stated that the co-accused in the case had been granted bail by the Supreme Court on August 11, 2022 on the ground that there was no likelihood of early conclusion of the trial. The other two accused in the case had been granted bail by the High Court while observing that Sanatan Sanstha is not a banned or terrorist organisation under UAPA but a spiritual organisation imparting education on dharma, spirituality and religion.Raut also sought bail on the ground that he had been in custody for the last 5 years with no prospect of trial concluding in the immediate near future. .The High Court agreed with Raut's contention that the crude bombs allegedly seized by the Anti-Terrorism Squad of Maharashtra were from a location that did not belong to Raut. The High Court deemed it fit to quash the bail rejection order of the special court and ordered Raut to be released from prison on bail.Advocate Sana Raees Khan appeared for Raut..[Read order]