Nashik (Maharashtra), Jul 22 A local court has granted bail to Ashwini Chainani, a POSH committee member of TCS arrested in the case of alleged sexual harassment at its Nashik unit, noting that the only "role" attributed to her in the crime was not taking cognizance of the victim's complaint.
Chainani had been arrested in the case in the second week of April this year. The bail order was passed on Tuesday.
Additional Sessions Judge Amit Kharkar, however, also held that Chainani was "duty bound to take action on the complaint" as a member of the committee formed under the Prevention of Sexual Harassment (POSH) Act, and her alleged failure to do so resulted in the co-accused "getting bolder and pursuing their harassment."
The victim woman did not specify the dates on which she had approached Chainani with her complaint, the court noted.
"Considering the nature of offence and the role of the accused, she can be released on bail as the charge-sheet is filed," said the judge.
During the hearing on her bail application, Chainani's lawyer pointed out that the victim never submitted a formal written complaint to her or sent an email, which is a standard procedure.
Chainani primarily worked from the Pune office and visited the Nashik office from time to time, hence she was not directly involved in the daily activities of the co-accused, the defence said.
The investigating officer employed a "pick and choose policy," the lawyer said, claiming that while local team leaders at the TCS unit too had been informed of the alleged misconduct, they were not named as accused in the First Information Report.
As per the FIR registered at the Mumbai Naka Police Station in Nashik, the victim was subjected to harassment by co-accused Raza Memon.
The court, meanwhile, also granted bail to former TCS employee Danish Shaikh, arrested in another related case registered at Mumbai Naka Police Station. But he will continue to be in judicial custody in another case registered at Deolali Police Station in the same matter.
Shaikh has also sought discharge from the case, claiming that the police pressed gender-specific laws mechanically against him, without applying their mind.
The plea filed through advocate Umesh Walzade claimed that no prima facie case was made out against him, and questioned the applicability of Bharatiya Nyaya Sanhita (BNS) Sections 75 and 79 which deal with sexual harassment of a woman victim and 'actions intended to insult the modesty of a woman', respectively.
"Admittedly, the complainant in the present case is not a woman. The prosecution has also failed to identify any woman whose modesty is alleged to have been insulted by the applicant. Thus, the principal ingredient of the offence itself is absent," Shaikh's application said.
The charge-sheet nowhere alleges that Shaikh uttered any obscene, vulgar or sexually suggestive words directed towards any woman, and the prosecution has failed to specify any distinct role to Shaikh, it further said.
The discharge application will be heard by the sessions court on July 27.
A Special Investigation Team of Nashik Police is probing a total of nine cases registered in connection with the alleged exploitation, attempt of forceful conversion, hurting religious sentiments, molestation and mental harassment of employees at the TCS unit.
TCS had said after the alleged offences came to light that it has always had a zero-tolerance policy towards harassment and coercion of any form.
