TCS Nashik case: Court grants bail to POSH member booked for not acting on victim's complaint

A Nashik court has granted bail to a member of Tata Consultancy Services’ (TCS) internal complaints committee accused of failing to act on the complaint that a woman employee was sexual harassed by her colleague [Ashwini Chainani, Danish Shaikh v. State of Maharashtra]

Another court also granted bail to a co-accused in a connected religious offence case.

In an order of July 21, additional Sessions Judge Amit Vinayak Kharkar allowed the bail application filed by Ashwini Ashok Chainani, a member of the Prevention of Sexual Harassment (POSH) committee. 

The FIR against were lodged Chainani on allegations that she, despite being a POSH member, failed to take action on the victim's complaint that certain colleagues of hers made sexually coloured remarks and used offending language against Hindu religion.

Chainani was booked for offences including sexual harassment and outraging a woman’s modesty under the Bharatiya Nyaya Sanhita, 2023. 

According to the complaint, the victim had made oral complaints to Chainani in her capacity as POSH committee member, but she did not take action against the co-accused. This stance emboldened the co-accused to continue with the harassment, the victim alleged.

Chainani argued that being based in Pune, she only intermittently visited the Nashik office and was therefore, was not connected with the activities of the co-accused. Her lawyers stressed there was no written complaint or e-mail addressed by the victim to the applicant as required under the procedure. They argued that the allegations in the FIR were vague in nature and did not specify the date and time when the complaint was made. They also pointed to a purported ‘pick and choose policy’ by the investigating officer, where team leaders who were also informed of the grievance had not been arrayed as accused.

Judge Kharkar underlined that the only role attributed to Chainani was not taking cognizance of the complaint. At the same time, the victim has not specified the dates when she had escalated the matter with the accused.

“Considering the nature of offence and the role of the accused, she can be released on bail considering the fact that charge-sheet is filed and there is no apprehension that the applicant would threaten the victim and the prosecution witnesses or that she poses a flight risk. The applicant does not have criminal antecedents,” the Court observed. 

The court directed that she be released on a personal surety bond of ₹50,000, with one surety of the like amount. 

In a separate case, another sessions judge also granted bail to a co-accused Danish Ejaz Shaikh, booked in multiple FIRs arising from the harassment and religious conversion allegations at TCS.

Additional Sessions Judge VV Kathare passed the order on July 20. 

Shaikh faces charges under BNS on allegations that along with a colleague, he used offending language against the victim’s Hindu religious beliefs, praised the greatness of Muslim religion, forced him to read the Quran and made sexually coloured remarks against women staff.

Shaikh sought bail on the ground that the investigation is complete, chargesheet filed, and co‑accused already enlarged on bail. 

He argued that the discussions were based on scientific temperament and out of sheer curiosity rather than a deliberate intent to insult religion and hence, it did not attract the BNS provisions. 

Judge Kathare held that Section 299 BNS, dealing with deliberate and malicious acts intended to outrage the religious feelings of any class, was not prima facie attracted as the FIR spoke only of the victim’s individual religious feelings. 

Instead, he found Section 302 BNS, which covers uttering words with deliberate intent to wound the religious feelings of “any person” with a maximum punishment of one year, to be the relevant provision. 

“In the backdrop of foregoing discussion vis‑à‑vis the severity of offence and punishment prescribed thereof, this court shall not swayed away with the public outcry as sought by the highlighted by the IO,” Judge Kathare observed, noting that investigation was complete. 

The judge also noted that apart from two similar crimes arising from the series of same transactions there were no other criminal antecedents, with Shaikh having a fixed place of abode and family to look after. 

The court granted him bail on a personal surety bond of ₹50,000.

[Read Orders]