Jailed Meerut murder accused found pregnant: Will it affect her sentence?

Muskan Rastogi, accused of murdering and dismembering her husband, has been found pregnant in jail-raising legal questions about how this may affect her trial

Muskan Rastogi, the Meerut murder accused lodged in jail on charges of killing and dismembering her husband, has been found pregnant during a routine health screening.

 

Muskan, along with her alleged lover Sahil, is accused of murdering her husband, Saurabh Rajput, who was formerly employed with the Merchant Navy. According to the police, the duo drugged him, stabbed him to death, and dismembered his body, hiding the remains in a cement-filled blue drum. The investigation revealed that Muskan had allegedly been plotting the murder since November 2023.

 

Both accused are currently in judicial custody. Jail authorities stated that Muskan's pregnancy was detected during standard medical tests conducted for all incoming female inmates. The confirmation is currently verbal, and a follow-up ultrasound is expected to determine the stage and condition of the pregnancy.

 

 

This unexpected development has prompted questions about whether Muskan’s pregnancy could influence the trajectory of her potential sentence.

 

Can pregnancy affect bail or sentencing in India?

 

Under Indian law, pregnancy does not exempt a woman from being prosecuted or sentenced. However, it is a valid factor for courts to consider, particularly during bail hearings and while determining the manner in which incarceration is served.

 

Section 437 of the Code of Criminal Procedure (CrPC) allowed courts to grant bail to women—especially pregnant women—even in cases involving non-bailable offences. The BNSS (Bharatiya Nagarik Suraksha Sanhita), 2023, which replaces the CrPC, carries forward this provision under Section 480, offering similar discretion to courts to consider gender and health conditions while ruling on bail.

 

That said, this discretion is not absolute. Courts remain cautious in cases involving crimes punishable with death or life imprisonment—like murder under Section 302 IPC, which now corresponds to Section 101 of the Bharatiya Nyaya Sanhita (BNS), 2023.

 

Judicial precedents: When has pregnancy mattered?

 

Indian courts have at times granted temporary bail or parole to pregnant women or new mothers in custody, citing humanitarian grounds:

 

- In Surbhi d/o Raju Soni vs State of Maharashtra (2023), the Nagpur Bench of the Bombay High Court granted six months’ temporary bail to a pregnant woman under the NDPS Act, stating that "giving birth and raising a child in jail can have long-term consequences for the mother and child".

 

- In State vs Harvinder Kaur (2023), the Punjab and Haryana High Court allowed interim bail to a five-month pregnant woman, noting the need for specialised care during pregnancy.

 

However, courts have also denied bail in serious cases despite pregnancy:

 

- In the Safoora Zargar case (2020), Delhi's Patiala House Court denied bail to the pregnant Jamia scholar accused under UAPA for her alleged role in the Delhi riots. The court ruled that the charges were too grave to merit relief at that stage.

 

- In State of UP vs Nikita alias Nayra Agarwal (2021), a Mirzapur court denied bail to a woman accused of murdering her mother-in-law, despite her advanced pregnancy, citing the serious nature of the offence.

 

What has the Supreme Court said?

 

The Supreme Court has clarified that pregnancy or motherhood can be considered as a mitigating factor, but cannot override the seriousness of the crime. In State of Himachal Pradesh vs Dharam Pal (2004) 10 SCC 156, the court stated: “While the courts must be sensitive to the rights of women and children, such concerns cannot dilute the gravity of heinous crimes.”

 

This stance has been echoed in multiple subsequent rulings where the court considered the health and humanitarian needs of the woman, but prioritised the nature of the offence in its final decision.

 

What lies ahead for Muskan?

 

For now, Muskan remains in judicial custody and continues to participate in the jail’s rehabilitation program. She is engaged in sewing work while Sahil is assigned agricultural duties. Both are also enrolled in sessions at a de-addiction centre inside the prison.

 

Once Muskan’s pregnancy is medically confirmed, her legal team may move for interim bail or seek improved custodial conditions. However, given the severity and nature of the charges—which include murder, conspiracy (Section 120B IPC / Section 61 BNS), destruction of evidence (Section 201 IPC / Section 117 BNS), and administering drugs to commit a crime (Section 328 IPC / Section 88 BNS)—courts are likely to weigh the evidence carefully.

 

Her pregnancy may result in better healthcare access in custody, but is unlikely to significantly alter the course of the murder trial unless compelling grounds are presented.