A Mumbai court has dismissed anticipatory bail plea by a company's executive for outraging modesty of a woman employee for repeatedly harassing her by commenting that 'she had maintained herself well, her figure is good and why she doesn't go out with him'.

Additional Sessions Judge A Z Khan said this is not the fit case in which the applicant can be released on anticipatory bail u/s 438 of the Criminal Procedure Code. The court dismissed the plea filed by Hemant Kumar Chandraprakash Mishra.

"No doubt, the offence is serious and against the woman wherein the present applicant/accused alongwith the other accused alleged to have been outraged the modesty and uttered such filthy language towards the complainant  but the father of the present applicant/accused tried to pressurize the complainant and employers," the court.

It said 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.

According to the complaint lodged on April 24, 2023, she worked as front office executive of a real estate company.

It was alleged present applicant/accused Hemant Kumar Chandraprakash Mishra is Sales Manager in the said company. He along with the other accused Surya Pratap Singh who is Assistant Manager outraged the modesty of the complainant and uttered the filthy language.

[Read Order]