The Allahabad High Court has refused to grant bail to Dr. Shahnawaj, who is accused of raping a 20-year-old Dalit nurse inside his private hospital cabin during her night shift. The alleged crime occurred in August last year. However, the court approved bail for the two co-accused, Smt. Mehnaz and Faizan, who were accused of assisting in the crime.
"Insofar as the appellant Dr. Shahnawaj is concerned, he is the principal offender. Though he has been in jail since 19.8.2024, no good ground is made out to enlarge him on bail at this stage," observed Justice Nalin Kumar Srivastava while delivering the judgment.
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The case reached the High Court after a Special Judge (SC/ST Act), Moradabad, previously denied bail to all three accused.
According to the prosecution, the crime took place on August 17, 2024, when Dr. Shahnawaj allegedly called the nurse to his cabin. When she refused, co-accused Mehnaz and Junaid forcibly took her inside. The prosecution further alleged that the co-accused locked the door from outside, allowing Dr. Shahnawaj to commit the offense. The victim was reportedly detained overnight and subjected to caste-based abuses.
Her mobile phone was allegedly taken away to prevent her from calling for help. The accused were charged under Sections 61 (2), 64, 351 (2), 127 (2) BNS and Sections 3(1)r, 3(1)s, 3(2)v of the SC/ST (Prevention of Atrocities) Act.
The defense, represented by counsels Mukul Yadav and Rajesh Yadav, argued that their clients were falsely implicated. They highlighted several key points, including the absence of concrete evidence, discrepancies in the prosecution's case, and lack of medical proof supporting the allegations.
The defense also pointed out that the CDR report and CCTV footage did not support the prosecution's version. Additionally, the pathology and lab reports failed to confirm sexual assault. They contended that the trial court ignored these aspects and wrongfully denied bail.
The prosecution, led by government advocate Pankaj Kumar Singh, opposed the bail plea, asserting that the crime was committed with full awareness that the victim belonged to a Scheduled Caste community.
The state argued that the CCTV footage contained incriminating evidence, showing suspicious movements. The delay in lodging the FIR, according to the prosecution, was justified, as victims of such crimes often hesitate due to fear and social stigma.
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"It is a case of rape committed by a doctor in his own hospital against a nurse working under him," the prosecution emphasized, underscoring the severity of the crime.
After reviewing the evidence, the High Court ruled that Dr. Shahnawaj would remain in custody, while co-accused Mehnaz and Faizan were granted bail under specific conditions.
The court dismissed Criminal Appeal No. 11765 of 2024 filed by Dr. Shahnawaj, stating that the evidence against him was strong. However, the court found that the trial court had erred in rejecting the bail pleas of Mehnaz and Faizan, leading to the approval of their bail appeals (Criminal Appeal Nos. 10720 and 10737 of 2024).
