Delhi’s Patiala House Court on January 31, 2023 granted bail to Shankar Mishra, who is accused of urinating on an elderly woman in an Air India flight in November 2022.
Additional Sessions Judge Harjyot Singh Bhalla, while granting the bail, maintained that there were contradictions in the statements of the victim and witnesses and added that as the investigation in the case was already over, the accused was no longer required in custody for inquiry purpose.
The judge said the accused can be released on bail after he furnishes a bail bond of ₹1 lakh with one surety of like amount to the satisfaction of the concerned Metropolitan Magistrate.
“... it is noticed that statements of the victim has been recorded... The passengers seated at seats 8C and 9C respectively have also been examined. Crew has also give their statements. No other evidence is required to be collected,” the court said.
It added that in the present circumstances, it can be concluded that investigation quo the accused was already over and he was no longer required in custody, at least, for this purpose.
The court, while pronouncing the bail orders, also said that the victim, in her statement had claimed awareness/involvement of co-passenger seated on seat 9C. “...suffice is to say that at this stage, the diary containing the statement of the said witness was perused. The statement of the passenger at seat 9C reveals that the passenger has not supported the claim made by the victim... which, of course, cannot also be completely brushed aside,” the court said. It added that the claim has now become more of a matter of trial.
The judge, while commenting on the flight risk of the accused, said that he was asked to join the investigation at a very short notice and hence it cannot be said that the accused was intended to flee.
“….it is but natural for anyone accused of a cognisable offence to be in a state of panic and seek anticipatory bail or any other remedy available. Not joining investigation on very first occasion that too on such short notice cannot itself be treated as the accused wanted flee from judicial process,” the court maintained.
To recall, the Delhi Police, earlier this month, had arrested Shankar Mishra, 34, the man who urinated on a co-passenger aboard an Air India New York-New Delhi flight in November. He was arrested from Bengaluru.
During interrogation, Mr. Mishra told the police that he did not remember anything about the incident as he had “blacked out” during the flight.
The counsel of Mr. Mishra, who is being represented by senior advocate Ramesh Gupta and his team including advocate Akshat Bajpai, had earlier told the court that their client was innocent and the complainant had actually peed on herself. Later the counsel of the victim, Ankur Mahindro, issued a statement saying the allegations were completely false and derogatory.
Published - January 31, 2023 05:15 pm IST
