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TCS Nashik case: Sessions court denies interim relief to Danish Shaikh in religious harassment FIR

Shaikh is currently lodged in Nashik Central Jail in connection with another case registered at Deolali police station on allegations of sexual harassment of a female colleague.

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A Nashik court has rejected the interim anticipatory bail plea of Tata Consultancy Services (TCS) employee Danish Ejaz Shaikh in a case of outraging religious beliefs

Additional Sessions Judge VV Kathare passed the order on Tuesday in Shaikh’s plea seeking anticipatory bail in the first information report (FIR) registered at the Mumbai Naka police station. 

The judge found that the FIR indicated deliberate acts meant to outrage religious feelings. 

“The allegations made in the FIR cannot be looked into in isolation when there are serious criminal antecedents against the applicant. The offence charged is having wide social repercussions affecting the law and order situation in the society,” the order of April 21 stated. 

Further, the judge held that releasing Shaikh would impede the investigation, which was still in its early stages. 

Shaikh is currently lodged in Nashik Central Jail in connection with another case registered at Deolali police station on allegations of sexual harassment of a female colleague.  

A TCS employee, Krushna Mane, lodged an FIR alleging that since 2022, his colleagues, including Shaikh and Tausif Attar, have made remarks that offended his religious feelings. 

The FIR said that the accused allegedly used derogatory language regarding Mane's Hindu beliefs while simultaneously praising Islam. 

The complaint detailed allegations that the individual was subjected to religious pressure, including being forced to read the Quran and consume non-vegetarian food.

Further, the allegations include being threatened, publicly insulted and receiving adverse reports filed with superiors. 

The complaint also recorded incidents of sexual harassment in the workplace and the use of sexually coloured remarks directed at women employees.

In his petition filed through advocate Umesh Walzade, Shaikh argued that the offences are punishable with less than seven years’ imprisonment, that he has no criminal antecedents and that no recovery is required from him. 

He argued that his liberty should be safeguarded through anticipatory bail. 

Public prosecutor Kiran Bendbhar opposed the plea on behalf of the prosecution, arguing that the serious allegations against Shaikh and co-accused involve multiple registered offences. 

Furthermore, Bendbhar noted that a Special Investigation Team has been formed and the National Women's Commission has taken cognisance of the matter.

The Court directed the police to file a reply to the plea and placed the matter for hearing on April 27.

[Read order]

Danish Shaikh v. State.pdf
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