Air India urinating case | Delhi court grants bail to accused Shankar Mishra | Latest News India - Hindustan Times
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Air India urinating case | Delhi court grants bail to accused Shankar Mishra

Feb 01, 2023 05:09 AM IST

The Patiala House court in Delhi, while granting bail to Shankar Mishra, noted that the investigation against the accused has concluded and he was no longer required in custody

New Delhi A Delhi court on Tuesday granted bail to Shankar Mishra, accused of urinating on a woman co-passenger on board an Air India New York-Delhi flight, on a personal bond of 1 lakh and a surety of like amount.

Shankar Mishra is accused of urinating on a woman co-passenger on board an Air India New York-Delhi flight. (ANI)
Shankar Mishra is accused of urinating on a woman co-passenger on board an Air India New York-Delhi flight. (ANI)

Mishra, who was sent to judicial custody a day after his arrest from Bengaluru on January 6, had moved the bail application before the additional sessions judge on January 24. His 14-day judicial custody was extended on January 21. Earlier, his bail was denied by metropolitan magistrate Komal Garg on January 11since the investigation was at a nascent stage.

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The Patiala House court in Delhi, while granting bail to Mishra, noted that the investigation against the accused has concluded and he was no longer required in custody.

Read | Shankar Mishra banned from flying on Air India for 4 months after urination case

Additional sessions judge Harjyot Singh Bhalla in his order further said that the first information report (FIR) was registered in the case on January 4, after a period of one month and five days had lapsed. The judge also noted that very short time seemed to have been given to Mishra for appearance after the registration of the FIR.

“Non joining in the investigation on the very first occasion, that too, on such a short notice cannot itself be treated as showing conduct that the accused intended to flee from the judicial process,” the judge noted.

Misha allegedly urinated on a 70-year-old woman co-flier in an inebriated condition in the business class of the New York-Delhi Air India flight on November 26 last year.

On Tuesday, the court observed that the accused had already spent one month in judicial custody and the offence carries a maximum punishment of five years.

“Further, there is no report, at least, that the accused tried to threaten or intimidate the witnesses or the victim at any stage,” the judge noted. “Although, there is a claim that accused has apologised to the victim in the flight and that subsequently he transferred some money in her account, which was later on returned, simultaneously, is no unequivocal claim that he has been trying to harass the victim after the incident.”

While granting bail to Mishra, the court imposed certain conditions, including not to contact any witnesses and cooperate with the investigation. Barring Mishra from travelling abroad without its permission, the court directed him to surrender his passport. It also directed the accused to appear before the Investigating Officer (IO) or the court whenever called upon.

The court had reserved the verdict on Monday after hearing the arguments advanced by all parties.

Senior advocate Ramesh Gupta and advocate Akshat Bajpai, appearing for the accused, had questioned the conduct of police while arresting Mishra and submitted that all offences that their client is being charged for were bailable, barring one offence, registered under Section 354 (assault or criminal force to woman with intent to outrage her modesty) of the Indian Penal Code.

Opposing the bail application, the Delhi police had said that statements of some witnesses are yet to be recorded, adding that Mishra, who was initially evading arrest, was traced through his phone’s IMEI number. The Delhi police further said that Mishra’s act had brought “international shame” to the country.

Advocate Ankur Mahindro, appearing for the complainant, submitted that Mishra may influence the complainant. He cited that the complainant was earlier contacted through WhatsApp messages on the day Mishra was arrested and those messages were later deleted.

Mishra has been banned by Air India from flying for four months. Last month, the Director General of Civil Aviation (DGCA) slapped the airline with a 30 lakh penalty for its failure to comply with the applicable rules. The aviation regulator also suspended the licence of pilot-in-command for three months.

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