Air India urination matter: Court dismisses bail plea, says conduct of accused shocked civic consciousness

By Sushil Batra
New Delhi [India], January 11 : The Magistrate Court of Delhi's Patiala House Court on Wednesday while dismissing the bail plea of accused Shankar Mishra said the alleged act of accused of relieving himself upon the complainant is utterly disgusting and repulsive.
"The alleged act in itself is sufficient to outrage the modesty of any woman. Egregious conduct of the accused has shocked the civic consciousness and needs to be deprecated, said Metropolitan Magistrate Komal Garg.
As per the allegations, the accused was voluntarily drunk and had consumed alcohol during the flight and the said fact has not been denied by the applicant. The alleged act in itself prima facie reflects the intention of the accused, added the Court.
Further, as per the record, the accused had failed to join the investigation even after the notice under section 41A Code of Criminal Procedure (CrPC) being issued to him and his presence could be secured only upon the execution of NBWs. Therefore, the conduct of the accused does not inspire confidence, noted the Court.

It has also come on record that the accused has tried contacting the victim and the possibility of the accused influencing the witnesses cannot be ruled out. Further, as per the report of IO, the other witnesses are yet to be interrogated and the investigation is at a very initial stage, said the court in order.
During detailed arguments, appeared for Mishra, Advocate Manu Sharma submitted, "I couldn't control my drink but the unzipping was not for sexual desire. The complainant's case does not put him as a lustful man. The trial will take time but the man has been sacked from his job after these allegations. He is not at flight risk."
"My client has clearly and willingly participated in any inquiries related to the alleged event, with the intention to establish his innocence and will continue to act in this bona fide manner and assist the police in the investigation into this matter," submitted Adv Manu Sharma, lawyer of Shankar Mishra.
However, Delhi Police opposed the bail plea of Shankar Mishra. Police said, if he enlarged on bail, he can influence the complainant.
Public Prosecutor representing Delhi Police submits that 164 statements of the complainant have been recorded along with several others. More statements are yet to be recorded soon.
The Magistrate Court was also informed by the Delhi Police that, it has moved a revision plea against the denial of police remand which is listed tomorrow.
Delhi Police while opposing the bail plea of Shankar Mishra said that several crew members and others are yet to be examined. "Investigation at present on a nascent stage and accused can influence the complainant," said police.
Advocate Ankur Mahendru appeared for the complainant and also opposed the bail plea of Shankar Mishra submitted that the father of the accused is sending me messages and is deleting them. "He writes 'Karma will hit you back' and then deletes it," said Mahendru.
Shankar Mishra was arrested by Delhi police from Bengaluru on January 6, 2023.
Mishra had allegedly urinated on a 70-year-old woman in an intoxicated condition in business class of an Air India flight on November 26 last year.
Delhi Police had registered an FIR against him on January 4 on a complaint given by the woman to Air India. The police registered an FIR under sections 354, 509, and 510 of the Indian Penal Code (IPC) and Section 23 of the Indian Aircraft Act. Both the accused and the victim are from outside Delhi.
US-based financial services company Wells Fargo last week also terminated its employee Shankar Mishra.
"Wells Fargo holds employees to the highest standards of professional and personal behaviour and we find these allegations deeply disturbing. This individual has been terminated from Wells Fargo. We are cooperating with law enforcement and ask that any additional inquiries be directed to them," the company said in a statement.
In the bail plea Shankar Mishra stated that he will continue to be cooperative with the police in the future as well and cooperate in the investigation in any manner or form required. The scene of the crime i.e., the aircraft is already vitiated.
The applicant, having willingly submitted to the Inquiry Committee despite facing the risk of being put on a no-fly list and having sought to settle the matter amicably with the lady, is unlikely to abscond or be a flight-risk and categorically submits to comply with any directions or conditions imposed upon him by this Court.
The applicant submits that no purpose would be served by continual incarceration, considering the fact that the applicant submits that he intends to cooperate with the police in this investigation.