Monday, May 20, 2024

Mumbai court denies antcipatory bail to Sales Manager, says commenting on the figure of a woman amounts to outraging her modesty

A local court in Mumbai has denied anticipatory bail to a Sales Manager of a real estate company, who was accused of harassing a female colleague by way of indecent comments.  

Additional Sessions Judge (ASJ) A.Z. Khan refused to grant anticipatory bail to Sales Manager Hemant Kumar Chandraprakash on the grounds that commenting on the figure of a woman and repeatedly asking her out despite her refusal amounted to use of filthy language and outraging the modesty of a woman.

As per the court, granting bail under Section 438 of Code of Criminal Procedure (CrPC), 1973 would violate the right of the Investigation Officer (IO) to interrogate the accused in the case. Such violation would weaken the arguments to be presented by the prosecution and hence, would adversely affect the case of the complainant.

The court noted that the offence alleged was serious in nature and that the father of the accused has already attempted to create pressure on the complainant and other employees.

As per the complainant, a Front Executive Officer, she was harassed by the applicant and co-accused Surya Pratap Singh, who worked as Assistant Manager in the same office, between March 1 and April 14. 

She said the accused passed indecent comments against her, such as she has ‘maintained’ herself really well, her figure was very nice, or what she thought about going out with the accused.

A complaint had been registered against the accused under Sections 354 (outranging the modesty of women), 354 A (sexual harassment), 354 D (stalking), 504 (words, gesture or act intending to outrage the modesty of women), and 34 (act done in furtherance of common intention) of Indian Penal Code (IPC), 1860.


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