1 2025:CGHC:60252 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10199 of 2025 1 - Mohammad Munaf Khatri S/o Late Mohammad Harun Khatri Aged About 48 Years R/o Ward No. 06, Kabir Nagar, Nearby Bharat Gas, Basna, Police Station Basna, District Mahasamund, C.G. 2 - Tahira Bano W/o Mohammad Munaf Khatri Aged About 48 Years R/o Ward No. 06, Kabir Nagar, Nearby Bharat Gas, Basna, Police Station Basna, District Mahasamund, C.G. ... Applicants Versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station City Kotwali Dhamtari, District Dhamtari (C.G.). … Respondent For Applicants : Mr. Anil Kumar Gulati, Advocate For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.12.2025 1. The applicants have preferred this First Bail Application under Section 483 of the BNSS in connection with Crime No. 155/2025, registered at Police Station – Kurud, District - Dhamtari (C.G.) for VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.11 18:23:26 +0530 2 the offence punishable under Sections 331(4), 305(A) read with Section 3(5) & 111(2)(b) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution case in brief is that, the FIR was lodged by one Ramsuresh Pandey who is Priest/Pujari of Kalimata Temple alleging therein that in the intervening night of 20-06-2025 and 21-06-2025, some unknown persons broken the lock of temple and stolen the sum of Rs.2500-3000/- which was kept in the donation box. Subsequently the matter being investigated by the police and initially the applicant alongwith other accused persons have been arrested in respect of crime No.165/2025 and the memorandum statement of applicant and other accused persons were recorded in respect of Crime No. 165/2025 and the memorandum and seizure of crime No.165/2025 was used in the present crime also and nothing has been seized from the applicant in respect of the present crime number. 3. The present applicants respectfully submit that they are innocent and have been falsely implicated in the present case, having been arrested solely on the basis of suspicion. During the course of investigation, the memorandum statements and seizures recorded in respect of Crime No.165/2025 were subsequently used in other cases registered against the applicants, including Crime No.155/2025, despite no seizure being made from their possession in the latter case. No material has been collected by the prosecution to demonstrate the applicants’ involvement in 3 Crime No.155/2025. The applicants initially resided at Basna and later at Makeshwar Ward, Dhamtari, and their association with the main accused, Jahir @ Sameer Khan, who frequently visited their residence, appears to have been used by the prosecution to implicate them in the alleged offences. The applicants have been in custody since 29-08-2025, and considering the detention period and the time likely required for conclusion of the trial, the Hon’ble Court may kindly consider granting them regular bail. 4. On the other hand, the learned State Counsel opposes the bail application and submits that, as recorded, the main accused disclosed that the present applicants, along with other co- accused persons, had participated in the temple thefts. On the basis of this disclosure, the memorandum statements of the applicants were recorded, and recoveries were effected at their instance. In view of the memorandum statements, the recoveries, and other material collected during the investigation, it is evident that the applicants were actively involved in the alleged offences, therefore, they are not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the material on record, it is evident that the present case involves organized theft. The FIR alleges the theft of cash and/or valuables from Kalimata Temple, 4 and the applicants, along with other co-accused, is alleged to have actively participated in the commission of these offences. The memorandum statements and seizures recorded in Crime No.165/2025 have been relied upon to establish the applicant’s involvement, indicating participation in a systematic and organized criminal operation. The investigative material prima facie shows the applicant’s role in the organized theft, and given the seriousness of the allegations, this Court is of the considered opinion that the applicants are not entitled to bail at this stage. 7. Accordingly, the bail application filed by the applicants/accused – Mohammad Munaf Khatri & Tahira Bano involved in Crime No. 155/2025, registered at Police Station – Kurud, District - Dhamtari (C.G.) for the offence punishable under Sections 331(4), 305(A) read with Section 3(5) & 111(2)(b) of the Bhartiya Nyaya Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav