A Delhi court on Tuesday granted bail to Shankar Mishra, accused of urinating on his co-passenger during an Air India flight from New York to Delhi.
Mishra, arrested from Bengaluru on January 7, was granted bail on a bond of Rs 1 lakh and one surety of like amount. On Monday, Delhi’s Patiala House court reserved an order on the bail plea of Mishra.
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The witnesses named by Delhi police in the case against Shankar Mishra are not deposing in the prosecution’s favour, the court observed on Monday. While granting bail to Shankar Mishra, the court said, “There is a contradiction in the complainant’s statement and Ila Benarjee’s (witness) statement.”
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Delhi Police’s statement
The Delhi Police had, however, opposed bail to the accused, arguing that the November 26 incident had defamed India on the international stage. The court noted that what Mishra allegedly did was, although disgusting, but must be dealt in accordance with law.
The Delhi Police also argued that Mishra had resisted arrest by switching off his mobile phone and gave his office address. The police said they approached his Mumbai residence, where they were told that he was in Bengaluru. He was later traced in Bengaluru through the IMEI number of his phone and arrested. But to no avail.
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What the court said
“The FIR in the present case was registered after about a month and five days after the incident. The victim had also not approached the police or insisted on registration of an FIR during this period,” the judge noted during the proceedings yesterday.
“On registration of an FlR, a very short notice seems to have been given to the accused for appearance,” observed the Delhi court.
“It is but natural for anyone accused of a cognizable offence to be in state of panic and seek an opportunity to be able to exercise the right to seek anticipatory bail or any other remedy that may be available,” said the court.
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‘A first-time offender’
“Not joining an investigation, that too on the very first occasion, on such a short notice cannot itself be treated as showing conduct that the accused intended to flee from the judicial process,” observed the court.
The court further added that antecedents of the accused and whether he is a first-time offender or other criminal cases are pending or have been decided against him have to be considered.
“There is no report, at least, that the accused tried to threaten or intimidate the witnesses or the victim at any stage,” it observed.
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‘No longer required in custody’
The court added that since the statements of the victim, co-passengers and crew members have been recorded, “it can be concluded that investigation… the accused is already over and he is no longer required in custody, at least, for that purpose.”
Shankar Mishra was accused of urinating on an elderly co-passenger on board a New York-Delhi Air India flight on November 26 last year. He was detained in Bengaluru after a Look Out Circular was issued against him. He was absconding since the matter came to light and the affected party initiated action.
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