During the arguments, the court noted that the witness, the investigation agency has named is not deposing in its favour
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The Patiala House Court on Monday reserved the order on the bail petition moved by Shankar Mishra, an accused of allegedly urinating on a woman on board an Air India flight from New York to New Delhi on November 26 last year.
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The Additional Sessions Judge Harjyot Singh Bhalla on Monday decided to reserve the order on his bail and said the order will be passed on Tuesday.
During the arguments, the court noted that the witness, the investigation agency has named is not deposing in its favour.
"There is a contradiction in the complainant's statement and Ila Benarjee's (Witness) statement," the court further noted.
However, the advocate appearing for the accused Shankar Mishra told the court that the complainant, after the incident, asked for reimbursement of the ticket and sought no action against the accused.
"I am denied bail by Magistrate Court stating that my conduct was not satisfactory and the investigation was pending. But now police have examined other crew members and witnesses. The complainant asked for reimbursement of the ticket and sought no action against me," Senior Advocate Ramesh Gupta submitted.
Public Prosecutor who appeared for Delhi Police opposed the bail plea of Shankar Mishra.
The Delhi police accused Mishra of not cooperating in the investigation and opposed his bail plea.
"He urinated on a senior citizen. He didn't cooperate in the investigation. He had switched off all his mobile phones. Then we traced him through IMEI number. He defamed India, internationally," Public Prosecutor who appeared for Delhi Police submitted.
Recently Mishra's bail plea was dismissed by the Magistrate court. He was arrested by the Delhi Police on January 6 and is presently in judicial custody.
On January 11, the Magistrate Court of Delhi's Patiala House Court dismissed the bail plea of accused Shankar Mishra and said the alleged act of the 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.
Also Read: Air India pee-gate: Shankar Mishra moves bail in Sessions Court
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 Magistrate.
Recently senior advocate Ramesh Gupta appearing for Shankar Mishra alleged that "the complainant woman's seat was blocked. It was not possible for him (Mishra) to go there. The woman has a problem with incontinence. She urinated on herself."
Raising questions over the Delhi Police investigation, advocate Gupta submitted that there must be someone else. She herself urinated. The seating system was such that no one could go to her seat. The passenger sitting behind the complainant did not make any such complaint, he added.
On this allegation, the complainant issued a statement stating that the accused has adopted a campaign of spreading misinformation and falsities with the intent of further harassing the victim
"Accused, instead of being remorseful for the utterly disgusting act committed by him, has adopted a campaign of spreading misinformation and falsities with the intent of further harassing the victim, said the complainant through her lawyer Ankur Mahendru.
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.
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