Nashik Court grants bail to AIMIM corporator Mateen Majeed Shaik in TCS case

A sessions court in Nashik on Monday granted bail to All India Majlis-e-Ittehadul Muslimeen (AIMIM) corporator Mateen Majeed Shaikh alias Mateen Patel accused in the TCS Nashik sexual harassment case.

Additional sessions judge Kedar Rajaram Joglekar granted him bail after observing that the investigating agency had not deemed it necessary to arrest Shaikh during the probe. 

Shaikh was implicated for allegedly sheltering co-accused Nida Khan, who was evading arrest in the matter. The Court noted that giving shelter to an accused was the only offence invoked against Shaikh. 

"As regards the case of the present applicant is concerned, his case is different than other accused and he was charged only for the offence punishable under Section 249 of Bhartiya Nyay Sanhita i.e. to give shelter to the accused involved in an offence of non-bailable nature,” the order said. 

The Nashik Police registered an FIR against eight employees of TCS’s Nashik office under the Bharatiya Nyaya Sanhita for offences including sexual harassment and hurting religious sentiments, along with provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The FIR charged the accused for conspiring to influence the complainant to convert and hurt her religious sentiments.

The Court noted that during the investigation, Shaikh's custody was never insisted upon by the police. 

“On the other hand, the investigating officer set him free by issuing notice under Section 35(3) of BNSS and then a charge-sheet was filed,” the order stated.

Despite his release on notice, Shaikh was sent to judicial custody on August 7. This was after a non-bailable warrant (NBW) was executed against him because he failed to appear before court despite being duly served a notice upon the presentation of the charge-sheet.

In its bail order on Monday, the Court reasoned that Shaikh was jailed solely due to his default in attending the court proceedings.

“Therefore, absolutely there is no reason to reject his bail application and to detain him in jail alike other accused,” the Court concluded.

Hence, it directed that Shaikh be released on a personal bond of ₹75,000, along with one or two sureties of the same amount. 

[Read Order]