Co-Accused Granted Bail, Doctor Remains in Custody
Allahabad: The Allahabad High Court has denied bail to Dr. Shahnawaz, a doctor accused of raping a 20-year-old Dalit nurse inside his cabin at a private hospital. The alleged incident took place in August last year, while the victim was on night duty.
A bench of Justice Nalin Kumar Srivastava rejected Dr. Shahnawaz’s bail plea but granted bail to two co-accused—Mehnaz, a nurse, and Junaid, a ward boy—who allegedly assisted in the crime.
The court observed:
“Insofar as the appellant Dr. Shahnawaz is concerned, he is the principal offender. Though he is in jail since 19.08.2023, no good ground is made out to enlarge him on bail at this stage… However, considering the nature of the offense and the evidence, accused appellants Mehnaz and Junaid have made out a case for bail.”
Incident Details & Prosecution’s Case
According to the prosecution, Dr. Shahnawaz allegedly called the nurse to his cabin at midnight. When she refused, she was forcibly taken there by the co-accused.
- Once inside, the co-accused allegedly locked the door from outside.
- The doctor allegedly raped the victim.
- Her mobile phone was snatched, preventing her from calling for help.
All three accused were booked under Sections 61(2), 64, 351(2), 127(2) BNS & Sections 3(1)r, 3(1)s, 3(2)v of the SC/ST Act. Their bail pleas were earlier rejected by the Special Judge (SC/ST Act), Moradabad.
Defence’s Argument
The defense lawyers argued that:
- The accused were falsely implicated.
- Call Data Records (CDR) and CCTV footage collected by the Investigating Officer (IO) did not corroborate the prosecution’s version.
- Pathology and lab reports did not support the allegations.
State’s Argument & Court’s Observations
The state’s counsel opposed the bail, stating:
- The accused knew the victim belonged to a Scheduled Caste.
- CCTV footage contained incriminating evidence.
- The delay in filing the FIR was justified, as it was natural for the victim to hesitate before reporting such a traumatic incident.
While the co-accused were granted bail, Dr. Shahnawaz remains in judicial custody as the principal offender. The case continues under further investigation.
