1 2025:CGHC:43328 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6247 of 2025 1. Stephen Tigga @ Tiku Son Of Silbanus Tigga Aged About 43 Years (Wrongly Mentioned As Silbanus Tigga In Annexure A-1) Resident Of Village Haldijhariya P.S. Bagbahar, District- Jashpur (C.G.) ... Applicant versus 1. State Of Chhattisgarh Through Station House Officer, Police Station Bagbahar, District- Jashpur (C.G.) ... Respondent For Applicant : Mr. Sudhir Kumar Sahu, Advocate For Respondent : Mr. Ajay Kumrani, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas Order On Board 26.08.2025 1. The applicant has preferred this Second Bail Application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested on 19.05.2024 in connection with Crime No. 76/2022, registered at Police Station Bagbahar, District - Jashpur (C.G.) for the offence punishable under Sections 436, 323 and 34 of Indian Penal Code. 2. First bail application filed by the applicant bearing MCRC No. 8681 of 2024 has been dismissed as withdrawn with liberty to file afresh after recording statement of the material witness. MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.08.26 17:39:56 +0530 2 3. The prosecution story, in brief, is that the applicant and the complainant are brothers. It is also the case of the prosecution that the complainant has lodged a complaint alleging that he has living with one lady as husband and wife and has gone to Kerala for livelihood and after one year he come back to his place and residing with the lady at Haldijhariya which has annoyed the younger brother on the pretext why he is not living with the first wife and children. On the date of incident, at about 01:00 PM the applicant alongwith his friend has came to the house and has caused damages to the household properties, thereafter, he has assaulted his wife also and has got fire to the house. Thus, on the basis of complaint, an FIR under Section 436 of IPC has been registered against the applicant and other co-accused. The prosecution after usual investigation has submitted the charge- sheet before the learned Sessions Court which was registered as Sessions Trial No. 18/2024. 4. Learned counsel for the applicant would submit that the applicant has been arrested by the police on 19.05.2024 and since then he is in jail. He would further submit that the prosecution has examined 3 witnesses and none of the witnesses have supported the case of the prosecution. He would further submit that summons have been issued to the complainant for recording of his evidence, but for last one year he is not appearing before the trial Court, as such conclusion of the trial may take some more time and would pray releasing the applicant on bail. 3 5. On the other hand, learned State counsel opposes the bail application and would submit that there is sufficient evidence collected by the prosecution against the applicant for his involvement in the commission of offence, thus, he would pray for rejection of the bail application. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the fact that the applicant is in jail for more than one year and 3 months and the complainant is not appearing for recording his evidence despite issuance of summons by the trial Court and also considering that the conclusion of the trial is likely to take some time, therefore, I am of the view that it is a fit case to enlarge the applicant on bail. 8. Accordingly, the second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the concerned trial court. He shall appear before the trial court on each and every date given by the said trial court, till disposal of the trial. Certified copy as per rules. Sd/- (Narendra Kumar Vyas) Judge Manish