A court in Maharashtra’s Nashik has granted bail to former Tata Consultancy Services (TCS) employee Nida Khan after observing that her continued custody was not warranted in view of her pregnancy, completion of the investigation and the filing of the charge sheet.
Khan, who is around five months pregnant, secured bail from the Nashik Road Court on July 6. The court said exercising judicial discretion in her favour would be appropriate for the welfare of her unborn child.
Court cites welfare of unborn child
In an order made available on Thursday, Additional Sessions Judge KG Joshi referred to the circumstances surrounding Lord Krishna’s birth while explaining why the court considered the applicant’s pregnancy a significant factor.
“The trauma of giving birth in a prison like Lord Krishna or the related social stigma is not bearable for anyone,” the judge observed.
The order further said:
“To avoid such an agonising situation and for the welcome and overall welfare of the newborn baby, it would be just and proper to exercise judicial discretion in favour of the applicant-accused.”
The court directed Khan’s release on a personal bond of Rs 75,000 along with one solvent surety of an equal amount.
Defence sought relief, prosecution opposed plea
Appearing for Khan, advocate Rahul Kasliwal argued that his client had been falsely implicated. He also told the court that Khan was highly educated and had worked as an associate with TCS before her services were terminated in April.
The prosecution opposed the bail plea. Public Prosecutor Vijay Gaikwad, along with advocates Milind Kurkute and Nitin Pandit appearing for one of the complainants, argued that the investigation had uncovered material supporting allegations of sexual assault and religious coercion.
Khan was arrested on May 7 from a rented apartment in Chhatrapati Sambhajinagar after allegedly evading arrest for nearly 25 days.
Multiple cases under investigation
Police are investigating nine cases linked to allegations involving women employees at the TCS facility in Nashik. The complaints include allegations of sexual exploitation, attempted forced religious conversion, molestation, hurting religious sentiments and mental harassment.
The present case was registered at Deolali Camp Police Station under provisions of the Bharatiya Nyaya Sanhita, including Section 69 (sexual intercourse by employing deceitful means), Section 65 (sexual harassment) and Section 299 (outraging religious feelings). The accused have also been booked under provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act because the complainant belongs to the Dalit community.
Investigators alleged that Khan provided the complainant with a burqa and religious literature. She is also accused of installing Islamic applications on the complainant’s mobile phone, visiting her residence to teach her how to offer namaz and instructing her on wearing a hijab.
Following the allegations, TCS said it follows a zero-tolerance policy towards harassment and coercion in any form. The company had earlier announced that employees allegedly involved in the incidents at its Nashik office had been suspended pending further action.