A special court in Nashik has granted bail to Nida Khan, a TCS employee implicated in a case of alleged religious coercion, drawing a parallel to the circumstances surrounding the birth of Lord Krishna in confinement. The court highlighted that no child should face the trauma or societal stigma associated with being born in jail.

Khan, who is currently five months pregnant, received bail on Monday, more than two months following her arrest. The comprehensive order, released on Thursday, stated that it would be “just and proper” to utilize judicial discretion in her favor considering the welfare of her unborn child.

Judge K G Joshi emphasized, “It is acknowledged that the applicant Nida is five months pregnant. The anguish of being born in a prison, akin to Lord Krishna, and the accompanying social stigma is unbearable for anyone. To prevent such a distressing scenario and to ensure the well-being of the newborn, it is appropriate to exercise judicial discretion in favor of the applicant-accused.”

Nida Khan is one of eight individuals facing charges in the TCS Nashik case, in which the Nashik police filed nine FIRs between March 26 and April 3, alleging sexual harassment and forced religious conversion of coworkers at a TCS BPO facility in Nashik. As the only female among the accused, Khan was specifically named in the FIR filed at Deolali Camp. She faces allegations of offending religious sentiments and allegedly persuading a colleague to adopt Islamic practices by providing her with a burqa, religious texts, and by installing religious applications on her mobile device. Her arrest occurred on May 7 at a residence in Chhatrapati Sambhajinagar after her plea for anticipatory bail was denied by a sessions court.

The court imposed several conditions on Khan’s bail, including restrictions on her access to the workplace or residence of the complainant. She is also forbidden from contacting the complainant, witnesses, or any individuals associated with the case, as well as from tampering with evidence. Additionally, she must not leave the country without court approval and is required to provide the court and investigators with her current address and contact details. The court cautioned that any violation of these conditions would result in the revocation of her bail.

Khan’s attorney, Rahul Kasliwal, contended that her continued detention was unwarranted since the chargesheet had already been submitted. He pointed out that she was not implicated in the additional FIRs and had no involvement in the sexual assault and harassment allegations against the other defendants. Kasliwal further asserted that the maximum penalty for the offense under Section 302 of the Bharatiya Nyaya Sanhita, which pertains to deliberate acts intended to harm religious feelings, is three years, and that Khan was prepared to cooperate with the investigation.

A Special Investigation Team (SIT) from the Nashik Police is examining the nine FIRs related to allegations of exploitation, attempted forced religious conversion, violation of religious sentiments, molestation, and mental harassment of female staff at the TCS unit in Nashik.

The state, represented by the prosecutor, opposed the bail application, arguing that the charges were serious and that Khan allegedly “brainwashed” the complainant by supplying her with a burqa, a book on Islam, and installing religious apps on her phone. The prosecution also claimed that she was part of a broader criminal conspiracy, a charge that Khan refuted.

The court noted that while sexual harassment allegations were directed at co-defendants Danish Shaikh and Tausif Akhtar, the accusations against Khan pertained to offenses related to religious sentiments and violations under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

While the court acknowledged the existence of prima facie evidence supporting the allegations, including claims that Khan visited the complainant’s home and instructed her on namaz, it stated that a thorough review of the evidence was not feasible at this stage of the bail proceedings. “The investigation is complete and the chargesheet has been filed,” the court affirmed.

Earlier on Monday, the court denied bail to co-accused Danish Shaikh, remarking that he had “gained the victim’s trust through deceit, promising marriage and engaging in sexual relations with her despite already being married.” Although bail was granted to Akhtar, he remains in custody due to arrest in another case.

Sadaf Modak is a prominent Legal Correspondent based in Mumbai, known for her extensive expertise in covering the complexities of the judicial and correctional systems. As a reporter for The Indian Express, she offers reliable insights into courtroom dynamics and human rights matters.

Expertise

Positioned as a dedicated Legal Correspondent, Sadaf Modak possesses in-depth knowledge of legal processes, statutes, and judicial functions, which adds significant authority to her reports.

Core Focus: Her reporting primarily revolves around:

• Trial Court Proceedings: She closely covers the trial courts of Mumbai, providing vital reports on the daily legal processes affecting citizens. Her focus includes both significant criminal cases and the various events that highlight the human aspects within the justice system.
• Correctional and Social Justice Issues: Her commitment extends beyond the courtroom to crucial areas of social justice, including extensive writing on:
• Prisons and Incarceration: Reporting on the conditions, administration, and legal challenges faced by inmates.
• Juvenile Justice: Addressing the complexities of the juvenile justice system and the legal rights of minors.
• Human Rights: Concentrating on fundamental human rights in the context of law enforcement and state institutions.

Experience

Institutional Affiliation: Reporting for The Indian Express—a leading national newspaper—ensures her coverage adheres to high editorial standards of accuracy, impartiality, and integrity.