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The accused persons had allegedly said to the victim, “Madam, aapne khud ko bahut maintain rakha hai, aapka figure bahut accha hai, kya ma’am, mere saath bahar jaane ke baare mai kuch socha ki nahi? (Madam, you have maintained yourself very well, your figure is very beautiful, have you thought about going out with me)?”
While observing that telling a female colleague that she has a beautiful figure and has maintained herself well and repeatedly asking her out amounts to using filthy language and outraging her modesty, a Mumbai Court recently dismissed the anticipatory bail plea of the sales manager of a real estate company.
Allegedly, the accused had harassed the “front office executive”.
Dismissing the pre-arrest bail plea, Additional Sessions Judge (ASJ) A.Z Khan noted that the present applicant, Hemant Kumar Chandraprakash Mishra (Sales Manager) along with the other accused Surya Pratap Singh (Assistant Manager) outraged the modesty of the complainant and uttered filthy language.
According to the complainant woman, the two men sexually assaulted her between March 1 and April 14 by saying, “Madam, aapne khud ko bahut maintain rakha hai, aapka figure bahut accha hai, kya ma’am, mere saath bahar jaane ke baare mai kuch socha ki nahi? (Madam, you have maintained yourself very well, your figure is very beautiful, have you thought about going out with me)?”
The present applicant along with the other accused were booked for the offences punishable under Sections 354 (outraging modesty of woman), 354A (sexual harassment), 354D (stalking) and 509 (word, gesture or act intended to insult the modesty of a woman) read with 34 (acts done in furtherance of a common intention) of the Indian Penal Code.
The court also noted that the applicant’s father tried to pressurize the complainant and other employees, and said, "There is no doubt, the offence is serious and against the woman wherein the present applicant/accused along with the other accused alleged to have been outraged the modesty and uttered such filthy language towards the complainant".
“There are several aspects involved in the present case whereby the custodial interrogation of the present applicant/accused is indeed essential otherwise the right to interrogate the present applicant/accused by the investigation Officer would be taken away which would certainly affect the case of the prosecution & ultimately the case of the complainant on merit”, the court observed.
“I am of the view that this is not the fit case in which the applicant/accused can be released on anticipatory bail u/s 438 of The Cr.P.C & thus I proceed to pass the following order”, the court ordered.
Case Title: Hemant Kumar Chandraprakash Mishra v. The State of Maharashtra
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