"No Child Must Face Trauma Of Taking Birth In Prison Like Lord Krishna" : Nashik Court While Granting Bail To Nida Khan In TCS Case

Observing that no child must face the trauma and social stigma of taking birth in a prison like Lord Shri Krishna did, a Nashik Court recently granted bail to Nida Khan, the  accused in the Tata Consultancy Services (TCS) BPO Case of alleged sexual harassment and forced religious conversion.

Additional Sessions Judge Kedar Joshi, in his order pronounced on July 6, noted that though there is material against Khan, she was five months pregnant and thus considered the welfare of the 'unborn child' the granted her bail.

"It is undisputed that the applicant is five months pregnant. No one should be made to endure the trauma, or the social stigma associated with a child being born in prison, as in the case of Lord Krishna. To avoid such a distressing situation and to secure the welfare and proper upbringing of the unborn child, it would be just and appropriate to exercise judicial discretion in favour of the applicant. The interests of the prosecution can be adequately protected by imposing suitable conditions," Judge Joshi observed in the order.

In his July 6 order, which runs into 10 pages, Judge Joshi noted that the investigation indicates that co-accused Danish and Tausif, with the assistance of Khan, attempted to influence and change the victim's ideological and religious beliefs and convince her that Hinduism contained objectionable stories.

"They allegedly made offensive remarks about Lord Shiva, Lord Krishna and Lord Brahma, thereby hurting the victim's religious sentiments. The investigation further reveals that the applicant (Khan) provided the victim with a burqa and that the accused supplied her with a book on the life of Prophet Muhammad. The available material also indicates that the applicant visited the victim's residence and trained her in offering Namaz and other daily religious practices," the judge noted.

However, the judge also took into account the fact that nothing remains to be recovered or discovered from Khan and also that the prosecution has not sought her custodial interrogation for any further investigation or any other purpose.

"The trial is likely to take time. No useful purpose would be served by keeping the applicant in custody. Considering the overall circumstances, the allegations in the FIR, and the nature of the alleged offences, the applicant deserves to be released on bail," the judge ordered.

The judge therefore, granted bail to Khan on a surety of Rs 75,000. However, Khan moved the court again on Wednesday (July 8) urging the court to reduce the surety amount citing that she was poor and could not afford the same. But the State through its prosecutor objected her plea.

However, Judge Joshi after considering the matter, reduced the surety amount to Rs 50,000.

Appearance:

Advocate Baba Sayyed appeared for Nida Khan.

Special Public Prosecutor Amit Misar represented the State.

Case Title: Nida Khan vs State of Maharashtra