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Senior Advocate S Mohammed Haider from the Lucknow bench of the Allahabad High Court clarified that pregnancy is unlikely to affect the ultimate determination of guilt, but “courts may consider temporary or interim medical bail, especially for delivery and postpartum care”
Muskan’s pregnancy adds complexity to the Meerut murder case.
Wife-turned-co-conspirator, body in a cement-sealed drum, and now a pregnancy — the shocking Meerut murder of former merchant navy officer Saurabh Rajput has seen a new twist with the pregnancy of Muskan Rastogi, Rajput’s wife and the prime accused in the case.
News18 spoke with Senior Advocate S Mohammed Haider from the Lucknow bench of the Allahabad High Court to decode the road ahead.
A CRIME THAT SHOOK MEERUT
On March 19, Rastogi and her alleged lover, Sahil Shukla, were arrested for the brutal murder of Rajput. The case stunned both the public and law enforcement as Rajput’s dismembered body was found packed in a drum and sealed with cement in a chilling attempt to hide the crime.
The couple allegedly fled to Himachal Pradesh after the murder, spent time together, and reportedly got married. Upon their return, they were apprehended by the police.
PREGNANCY BEHIND BARS: A SHOCKING TWIST
The case took another dramatic turn on April 7, when Rastogi, currently lodged in Meerut District Jail under judicial custody, tested positive for pregnancy. She had complained of nausea, vomiting, and discomfort, prompting a medical examination by a doctor from the district women’s hospital.
“Muskan’s pregnancy has been confirmed through primary testing,” said Dr Ashok Kataria, Chief Medical Officer of Meerut. He added that further diagnostics, including an ultrasound, will be conducted to determine the stage of her pregnancy.
The revelation left jail authorities scrambling. Rastogi’s condition has added a layer of emotional complexity to the case and raised a host of legal and procedural questions involving maternal health, prison conditions, and judicial discretion.
PREGNANCY AS HUMANITARIAN CONSIDERATION?
“The discovery of Muskan’s pregnancy amid such heinous allegations has ignited judicial minds. While the charges remain serious, courts often consider humanitarian grounds when dealing with pregnant women in custody,” he said.
Haider cited a significant 2022 judgment by the Delhi High Court in Kajal v. NCT of Delhi (Bail Application No. 2286 of 2022), where the court observed: “Pregnancy of a woman is a special circumstance which needs to be appreciated, as giving birth to a child while in custody would not only be a trauma to the mother but also create an everlasting adverse impact on the child, whenever questioned about his birth.”
The court emphasised the importance of motherhood and dignity under Article 21 of the Indian Constitution and noted that a prison environment is inherently unsuitable for childbirth and maternal care.
BNSS & CRPC PROVISIONS: LEGAL GROUNDS FOR BAIL
Haider also pointed to Section 437(1) of the Code of Criminal Procedure (CrPC), now replaced by Section 480 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which permits bail for women, the sick, and infirm — even in cases involving life imprisonment or capital punishment.
“This provision offers Muskan a legal basis to seek bail,” Haider explained. “Courts are expected to weigh the potential harm to the unborn child and the health risks of undergoing pregnancy in incarceration.”
Additionally, he referred to Section 456 of the BNSS, which mandates that if a woman sentenced to death is found to be pregnant, her sentence must be commuted to life imprisonment. Though Rastogi has not been convicted, the statute reflects a broader legal philosophy: compassion in the case of pregnancy.
NO IMPACT ON GUILT, BUT BAIL COULD BE INFLUENCED
While Rastogi’s pregnancy may bring humanitarian considerations to the fore, it does not mitigate the seriousness of the crime she is accused of. Both Rastogi and Shukla are facing severe charges, with police asserting that the murder was the result of an illicit affair and a plot to eliminate her husband.
#WATCH | Saurabh Rajput Murder case | Meerut, UP: Accused Muskan’s mother Kavita says, ” I want to tell all the children out there that never hide anything from your parents. My child has committed a big mistake. I used to ask her continuously what the problem was, but she kept… pic.twitter.com/jTwgEIYqVA— ANI (@ANI) March 21, 2025
A village panchayat had previously attempted reconciliation, but tensions persisted. Investigators allege that Rastogi was not just complicit but actively involved in planning and executing the crime.
Still, Haider clarified that pregnancy is unlikely to affect the ultimate determination of guilt, but it may influence bail decisions. “Courts may consider temporary or interim medical bail, especially for delivery and postpartum care,” he said. “The right of the child to be born in a safe and humane environment could outweigh the argument for continued detention, at least temporarily.”
EMOTIONAL REUNIONS INSIDE JAIL
Rastogi and Shukla remain lodged in separate barracks within the jail. On April 2, during a virtual court hearing, the two saw each other for the first time since their arrest. Eyewitnesses described an emotional scene. Rastogi reportedly broke down in tears and pleaded with jail staff, saying, “We are husband and wife… please let us talk.” The authorities denied her request, citing a lack of legal proof of marriage.
Sources inside the jail also confirmed that no family members have visited Rastogi since her arrest. In contrast, Shukla has been visited twice by his elderly grandmother. Meanwhile, as Rastogi’s medical check-ups continue, she has been referred for advanced testing at an external facility.
The charge sheet in the case is nearly complete and reportedly holds both Rastogi and Shukla equally responsible. Yet, her pregnancy introduces a complex dilemma for the judiciary.