Last update:
The senior lawyer s Mohammed Haider of the Bank of Luck Know of the Superior Court of Allahabad clarified that it is unlikely that pregnancy affects the final determination of the fault, but “the courts can consider temporary and postparte attention, especially for
Muskan’s pregnancy adds complexity to Moorut’s murder case.
Wife turned into a conspirator, body in a drum sealed with cement, and now an amazing, the surprising murder of Meerut of the former Merchant Marine Saurabh Rajput has seen a new turn with the pregnancy and the main tracking, the case of Rajput
News18 spoke with the senior lawyer S Mohammed Haider from the Bank of Luck of the Superior Court of Allahabad to decode the way ahead.
A crime that shook Meerut
On March 19, Rastogi and his alleged lover, Sahil Shukla, were arrested by the brutal murder of Rajput. The case surprised both the public and the application of the law when Rajput’s dismembered body was found full in a drum and sealed with cement in a chilling attempt to hide the crime.
The couple supposedly fled to Himachal Pradesh after the murder, spent time together and, according to the reports, married. Upon his return, they were arrested by the police.
Pregnancy behind bars: a shocking turn
The case gave another dramatic turn on April 7, when Rastogi, currently housed in the Meerut district prison in judicial custody, tested positive for pregnancy. They had complained about nausea, vomiting and discomfort, which caused a medical exam by a doctor of the District Women’s Hospital.
“Muskan’s pregnancy has been confirmed through primary tests,” said Dr. Ashok Kataria, medical director or Meerut. He added that an additional diagnosis will be made, including ultrasound, to determine the stage of his pregnancy.
The revelation left prison authorities fighting. Rastogi’s condition has added a layer of emotional complexity to the case and has raised a series of legal and procedure questions that involve maternal health, prison conditions and judicial discretion.
Pregnancy as a humanitarian consideration?
“The discovery of Muskan’s pregnancy in the midst of such atrocious accusations has lit judicial minds. Although the charges are still serious, courts often consider humanitarian motifs when it comes to pregnant women in custody,” he said.
Haider cited an important sentence of 2022 by the Superior Court of Delhi in Kajal v. Delhi NCT (Bail Application No. 2286 or 2022), where the court observed: “The pregnancy of a woman is a special circumstance of what a donation to be necessary to be necessary to be a large amount of being necessary to be to be a donation. Adhesive adverlasting in the child, provided that it is questioned about its birth.
The court emphasized the importance of Mother Hood and dignity under article 21 of the Constitution of India and pointed out that a penitentiary environment is inherently inappropriate for child care and maternal care.
BNSS and CRPC provisions: legal motives for bond
Haider also pointed to Section 437 (1) of the Code of Criminal Procedure (CRPC), now replaced by section 480 of Bharatiya Nagarik Suraksha Sanhita (BNSS), which allows bail, patients and words games.
“This disposition sacrifices Muskan a legal basic to seek bond,” said Haider. “The courts are expected to weigh the potential damage to the unborn child and the health risks of suffering pregnancy in imprisonment.”
In addition, he referred to section 456 of the BNSS, which requires that if it is that a woman condemned to death is pregnant, her sentence must be switched by life imprisonment. He thought that Rastogi has not condemned with the leg, the statute reflects a broader legal philosophy: compassion in the case of pregnancy.
Without impact on guilt, but the bond could be influenced
While Rastogi’s pregnancy can put in the foreground humanitarian considerations, it does not mitigate the severity of the crime of which he is accused. Both Rastogi and Shukla face severe charges, and the police affirm that the murder was the result of an illicit matter and a plot to eliminate her husband.
#Look | Murder case of Saurabh Rajput | Meerut, Up: Muskan’s mother, Muskan’s mother, Kavita says: “I want to tell all the children who never hide anything from your parents. My son made a big mistake. I used to continually ask what the problem was, but Shept … pic.twitter.com/jtwgeiyqva– ANI (@ani) March 21, 2025
A Panchayat people had previously tried reconciliation, but tensions persisted. The researchers claim that Rastogi was not only an accomplice, but the activity involved in the planning and execution of the crime.
Even so, Haider clarified that pregnancy is unlikely to affect the final determination of guilt, but can influence bail decisions. “The courts can consider a temporary or interim medical bond, especially for childbirth and postpartum care,” he said. “The child’s right to be born in a safe and human environment could overcome the argument for continuous detention, at least temporarily.”
Emotional meetings inside jail
Rastogi and Shukla remain housed in separate barracks inside the jail. On April 2, duration of a virtual court hearing, the two were first seen since their trial. Eye witnesses described an emotional scene. According to the reports, Rastogi broke into tears and begged the prison staff, saying: “We are husband and wife … please, let’s talk.” The authorities denied their application, citing a lack of legal proof of marriage.
The sources inside the prison also confirmed that no family member has visited Rastogi from the trial. In contrast, Shukla has visited twice for her old grandmother. Meanwhile, as the Rastogi medical check -up continues, it has been derived for advanced tests in an external installation.
The load sheet in the case is almost complete and, according to the reports, keeps Rastogi and Shukla equally responsible. However, its pregnancy introduces a complex dilemma for the Judiciary.
