NEW DELHI: Observing that the act is sufficient to outrage the modesty of any woman, a Delhi Court on Wednesday refused to grant bail to Shankar Mishra, the man who was arrested for allegedly peeing on a co-passenger woman in an inebriated state on board an Air India flight in November last year.
Metropolitan Magistrate Komal Garg noted that the alleged act of relieving himself on the flight under the influence of alcohol, shocked ‘civic consciousness’ and it is ‘utterly disgusting and repulsive'. “Egregious conduct of the accused has shocked the civic consciousness and needs to be deprecated,” the judge said, adding that the accused has not denied that he has voluntarily drunk and consumed alcohol during the flight.
The alleged act in itself prima facie reflects the intention of the accused, she said, while declining the relief to Mishra, who is lodged in jail. The judge noted that as per the record, the accused had failed to join the investigation even after a notice was issued to him under section 41A CrPC and his presence could be secured only upon the execution of the non-bailable warrant.
“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,” the court noted. Further, as per the report of the investigating officer, other witnesses are yet to be examined and the probe is at a very initial stage, the order said.
“Considering the above facts and circumstances, this court does not deem it appropriate to release the accused on bail at this stage. Accordingly, the present application stands dismissed,” the judge said.
Earlier, during the arguments in the court, Mishra’s counsel said his act was not driven by sexual desire nor aimed at outraging the complainant’s modesty.