The Punjab and Haryana High Court has rejected bail for Shubham Sangra, prime accused in the 2018 rape and murder case of a minor nomad girl in Kathua of Jammu and Kashmir, saying the crime committed by him "shocks the collective conscience of the society and judicial conscience of the court".

Noting that prima facie his involvement is made out, a single bench of Justice Shalini Singh Nagpal said on Thursday that the accused has been attributed the principal role in the heinous crime of gang rape and murder of an 8-year-old child in 2018. The order was made available on Friday.

While denying him bail, the court said the acts alleged to have been committed by the petitioner "are of a nature which shocks the collective conscience of the society and judicial conscience of the court." It, however, directed the trial court to expedite the trial and conclude it preferably within a period of one year, saying "right to speedy trial too has been recognised as a facet of the right to life under Article 21 of Constitution." The accused's advocate, Padamkant Dwivedi, argued that he has been in custody since January 19, 2018, and only 41 of the 309 witnesses had been examined by the trial court.

In view of the long period of incarceration of the "young boy of 26 years", he deserved to be released on bail.

The arguments were countered by Additional Advocate General Rahul Dev Singh, who was assisted by advocate Manbir Singh Basra, who said the petitioner was the main accused who had played a "star role in the commission of crime along with other accused." Basra gave a graphic detail about the manner in which the rape and murder of the 8-year-old had been committed.

"Medical opinion also established that the victim was kept without food and administered sedatives. The cause (of) death was asphyxia leading to cardio-pulmonary arrest. Considering the nature and gravity of offence, petitioner was not entitled to concession of bail," the advocates, opposing the bail, said.

In its seven-page judgment, the court acknowledged that personal liberty is a cherished constitutional principle embodied in Article 21 of the Constitution, but in matters involving serious and gruesome crimes, the courts are required to balance the rights of the victim, those of society at large and of the accused.

"Thus, judicial discretion in matters of bail must be exercised cautiously, based upon relevant considerations. Ordinarily in cases of long detention, courts lean favorably towards the accused but there is no straight jacket formula," the High Court said, adding that the discretion has to be exercised considering the intrinsic merits of the case and the gravity of the charge.

The bench said Shubam has been "attributed principal role in the heinous crime of gang rape and murder of an 8-year-old child. Investigation has found him involved in the gruesome murder and rape right from the stage of kidnapping the child till the child was done to death in a barbaric manner." The court said that while there are reasonable grounds to believe that a "prima-facie case is made out against him", his exact role would be determined on evidence, which is yet to be presented during the course of the trial.

"Even though petitioner has been in custody for a fairly long period, the seriousness of allegations weigh heavily against him. Long custody, by itself, cannot entitle him to bail considering the manner in which the crime was committed, the role attributed to him and the quantum of punishment, conviction may entail," it said.

Sangra had earlier filed a plea for interim bail last year, which he withdrew at the last moment.

The trial in the rape and murder case was shifted on the directions of the Supreme Court to Pathankot in Punjab from Kathua.

The apex court had, in a separate order in 2022, held that Sangra was not a juvenile at the time of the offence and should be tried as an adult, and set aside the Jammu and Kashmir High Court's order of March 27, 2018, that had ruled that Sangra be treated as a juvenile.

At present, the sessions court in Pathakot is hearing arguments on the framing of charges.

The Crime Branch of Jammu and Kashmir Police had filed a chargesheet against Sangra and charged him with kidnapping and wrongful confinement, besides murder and rape.

After being declared an adult, Sangra was shifted from Kathua jail to a sub-district prison at Pathankot.

The minor girl was kidnapped on January 10, 2018, raped in captivity and later bludgeoned to death. The brutal crime shook the nation. Eight people, including Sangra, were named as accused.

The special court on June 10, 2019, sentenced three accused – Sanji Ram, the mastermind and caretaker of the 'devasthanam' (temple) where the crime took place, special police officer Deepak Khajuria and civilian Parvesh Kumar – to life imprisonment "till last breath".

Three other accused – sub-inspector Anand Dutta, head constable Tilak Raj and special police officer Surender Verma – were convicted of destruction of evidence to cover up the crime and handed down five years in jail and Rs 50,000 fine each. They are out on parole.

The seventh accused, Vishal Jangotra, son of Sanji Ram, was acquitted.

The Crime Branch's chargesheet detailed Sangra's alleged involvement in the horrific crime and claimed that he was responsible for an overdose of sedatives forcibly administered to the eight-year-old, rendering her "incapacitated" to resist the sexual assault on her as well as her murder.

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