Jasiel Sething Subba vs State of Sikkim and Anr.

Court
High Court of Sikkim


THE HIGH COURT OF SIKKIM: GANGTOK
(Criminal Jurisdiction)

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SINGLE BENCH: THE HON’BLE MR. JUSTICE A. MUHAMED MUSTAQUE, CHIEF JUSTICE
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BAIL APPL No.2 OF 2026


Jasiel Sething Subba
Aged about 23 years,
Son of Shri Anil Subba
Resident of Lower Bhutia Busty, Puldara
Darjeeling, West Bengal, India,
Phone No. 9002308376
Pin Code : 734101

... Petitioner
versus


1. State of Sikkim

2. *Ms. ’...........’,
Through ..............,
R/o................. ... Respondents

*Impleaded in terms of order dated 12.05.2026.

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Appearance:
Ms. Gita Bista, Ms. Pratikcha Gurung and Mr.
Dipendra Chettri, Advocates for the Petitioner.

Mr. Yadev Sharma, Additional Public Prosecutor for Respondent
No.1.
Ms. Zola Megi, Legal Aid Counsel for Respondent No.2.
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Date of Hearing : 25.05.2026
Date of Judgment : 26.05.2026
Date on which uploaded : 26.05.2026
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(BAIL APPLN./2/2026)
Jasiel Sething Subba
Vs.
State of Sikkim and Anr.
J U D G M E N T

(A. Muhamed Mustaque, C.J.)

This is an application seeking Anticipatory Bail under Section
482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The
application moved before the learned Sessions Judge at Gangtok
was rejected vide order dated 04.05.2026. It is thereafter that the
Petitioner moved before this Court. In this present proceeding, all
parties have been heard by this Court.
[2] The offences alleged against the Petitioner are under Sections
126, 127, 129, 130 and 64 of Bharatiya Nyaya Sanhita, 2023
(hereinafter the BNS), pursuant to the case registered at Sadar
Police Station, Gangtok dated 10.04.2026. All the offences are
bailable except one coming under section 64 of BNS, 2023.
[3] This Court ordered the impleadment of the de facto
complainant. She was also provided with the Legal Aid Counsel for
the proceedings.
[4] The de facto complainant and Petitioner were in a relationship
for a long period. As stated by the learned Additional Public
Prosecutor the relationship came to an end on 16.10.2025, when
she discovered that the Petitioner was involved in another intimate
relationship. It is further submitted that, on 14.03.2026, she filed a
complaint before the Ranipool Police Station alleging harassment by
the Petitioner.
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(BAIL APPLN./2/2026)
Jasiel Sething Subba
Vs.
State of Sikkim and Anr.
[5] There was also a compromise between the Petitioner and de
facto complainant. A compromise was given to the hostel warden on
21.03.2026, after the Ranipool complaint that they will not have any
contact. In the compromise, de facto complainant declared that she
had parted with the Petitioner that she would return the smartphone
given by the Petitioner and that she would not call the Petitioner or
his parents.
[6] The present crime has been registered on the basis of the FIR
dated 10.04.2026, registered at Sadar Police Station, Gangtok. It is
alleged in the complaint that the accused committed sexual assault
and criminal intimidation.
[7] It is specifically averred in the present complaint that on
21.03.2026, the Petitioner took the de facto complainant’s mobile
phone, forcibly took her to a hotel beyond Vajra Mall and inside the
hotel, forced himself on her and physically and sexually assaulted
her. It is to be noted that the incident occurred on 21.03.2026 and
she reported the same to police on 10.04.2026.
[8] The learned Additional Public Prosecutor placed some medical
records before this Court. It is seen that after the de facto
complainant raised a complaint before the Ranipool Police Station on
14.03.2026, she was undergoing treatment for depression at Central
Referral Hospital, Gangtok, Sikkim. She was treated on 14.04.2026
and was thereafter on a follow-up treatment.
[9] The question presently before this Court is whether custodial
interrogation is necessary. The circumstances show a strained
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(BAIL APPLN./2/2026)
Jasiel Sething Subba
Vs.
State of Sikkim and Anr.
relationship arising out of a prior love affair. Except for generally
stating that the Petitioner committed sexual assault and exerted
force, the complaint dated 10.04.2026 does not set out any specific
overt act attributable to the Petitioner in detail. These are matters
which are subject to investigation.
[10] This Court cannot doubt the veracity of the complaint at this
stage however, at the same time the Court has to safeguard the
liberty of the Petitioner while taking note of the nature of the
complaint. Taking into consideration all the circumstances of the
case, this Court is of the view that the Petitioner can be enlarged on
bail, if arrested, on the following terms and conditions:
(i) The Petitioner shall appear before the Investigation Officer
within one week from today.
(ii) On such appearance, he shall be released on bail, if arrested,
on executing a personal bond for a sum of Rs.1,00,000 (Rupees one
lakh) and by producing two solvent sureties, who shall also execute
a bond for a like amount.
(iii) The Petitioner shall not leave India without obtaining prior
permission from this Court during the pendency of the investigation
and until the final report is submitted.
(iv) The Petitioner shall not intimidate or contact the de facto
complainant nor shall he contact any witnesses.

(v) The Petitioner shall also ensure that his parents do not contact
or intimidate the complainant.
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(BAIL APPLN./2/2026)
Jasiel Sething Subba
Vs.
State of Sikkim and Anr.
(vi) The Petitioner shall appear before the Investigating Officer, as
and when directed.
[11] Accordingly, Bail Application No. 2 of 2026 , stands
disposed of.

Chief Justice
Approved for Reporting : Yes/No

ak/arc











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