NEW DELHI: The Patiala House Court on Wednesday reserved an order on the bail petition moved by Shankar Mishra, who had allegedly urinated on a co-passenger onboard an Air India flight between New York and Delhi on November 26 last year. He is presently in Judicial Custody.
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 it. "He writes 'Karma will hit you back' and then deletes it," said Mahendru.
After hearing the submissions at length, Metropolitan Magistrate Komal Garg said I will pass the order in some time. 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.