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THE HIGH COURT OF SIKKIM: GANGTOK
A.MUHAMED MUSTAQUE
Jasiel Sething Subba – Appellant
Versus
State of Sikkim – Respondent
| Table of Content |
|---|
| 1. initiation of legal proceedings for anticipatory bail (Para 1 , 2 , 3) |
| 2. factual narrative concerning consensual history and allegations (Para 4 , 5 , 6 , 7 , 8) |
| 3. assessment of necessity for custodial interrogation (Para 9) |
| 4. granting anticipatory bail with specific judicial conditions (Para 10 , 11) |
JUDGMENT
(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 , 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 Petition
The court held that in cases involving allegations stemming from strained past relationships where complaints lack specific overt acts, anticipatory bail may be granted by balancing individual libert....
Anticipatory bail eligibility requires balancing personal liberty against grave allegations of sexual harassment, emphasizing the need for thorough investigations without interference.
Bail is the rule and jail is the exception; arrest must be justified based on necessity and cannot be routine.
Anticipatory bail may be granted in matrimonial disputes where custodial interrogation is unnecessary.
Anticipatory bail may be granted when custodial interrogation is deemed unnecessary, especially in cases rooted in marital disputes.
The court finds no necessity for custodial interrogation, allowing pre-arrest bail due to lack of criminal antecedents and the need for cooperative investigation.
The existence of the victim's existing marriage negates the prima facie basis for allegations of sexual assault under false promise of marriage.
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