TCS Sexual Harassment Case: Nashik Court Denies Bail to HR Head Accused Of Ignoring Complaints

The applicant had sought bail under Section 483 of the BNSS in Crime No. 163 of 2026, arising from allegations of sexual harassment at the workplace and alleged failure to act on internal complaints.

According to the prosecution, the complainant, an associate at TCS Nashik, alleged repeated instances of sexual harassment by her team leader and another colleague, including inappropriate remarks, intrusive personal questions, and unwelcome conduct at the workplace. The victim further alleged that the environment became increasingly hostile, eventually forcing her to resign in March 2026.

Chainani, who was the head (delivery partner) and a member of the Internal POSH Committee, was accused of failing to take action despite oral complaints made to her regarding the alleged harassment. It was further alleged that she instead discouraged the complainant from pursuing the matter, thereby enabling the continuation of the alleged conduct.

Opposing bail, the prosecution submitted that the applicant had failed in her statutory duty under workplace harassment laws and that her inaction amounted to abetment. It was also argued that she held a position of authority and could influence witnesses if released.

The defence, however, contended that Chainani was based in Pune and was not directly involved in the day-to-day functioning of the Nashik office. It was also argued that there was no written complaint against her and that similarly placed officials had not been made accused.

After considering the material on record, the court observed that the applicant, despite being part of the Internal Committee under the POSH framework, failed to take any preventive or corrective action. The court noted that she allegedly dismissed the complainant’s concerns and did not ensure formal registration of complaints as required under law.

The court further observed that the allegations, if taken at face value, indicate insensitivity and possible abetment by omission, particularly given her position within the POSH Committee.

Rejecting reliance on defence precedents, the court distinguished the facts and held that the present case involved stronger prima facie material suggesting failure to act despite knowledge of harassment complaints.

The court also noted the seriousness of the allegations and the ongoing stage of investigation, observing that releasing the accused at this point could risk influencing witnesses or tampering with evidence.

Finding no grounds for bail, the court dismissed the application.

What has happened in the TCS Nashik case so far?

A Nashik court on May 11, remanded Nida Khan, an accused in the alleged sexual harassment and forced religious conversion case linked to TCS Nashik unit, to judicial custody till May 24. She was produced before the court of Additional Sessions Judge K.G. Joshi after the expiry of her police custody. Since the police did not seek further custodial interrogation, the court remanded her to judicial custody. She has been lodged in Nashik Road Central Jail. Khan was arrested on May 7 from Chhatrapati Sambhajinagar.