1 2025:CGHC:60033 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10002 of 2025 1 - Mohammad Munaf Khatri S/o Late Mohammad Harun Khatri Aged About 48 Years, 2 - Tahira Bano W/o Mohammad Munaf Khatri Aged About 48 Years, Both are R/o Kabir Nagar, P.S. Basna, Distt. Mahasamund, Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station City Kotwali Dhamtari, Distt. Dhamtari, Chhattisgarh. ... Respondent For Applicants : Shri Anil Kumar Gulati, Advocate. For Respondent/State : Ms. Soumya Sharma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10/12/2025 1. The applicants have preferred this First Bail Application under Section 483 of the BNSS in connection with Crime No. 157/2025, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.12.15 11:14:53 +0530 2 registered at Police Station – City Kotwali Dhamtari, District Dhamtari (C.G.) for the offence punishable under Sections 331(4), 305 (A) Read with 3(5) and 111 (2) (b) of Bhartiya Nyay Sanhita (as per charge sheet). 2. The prosecution case, in brief, is that FIR was lodged by one Harsh Tiwari who is priest/Pujari of Sidhdheshwar Nath Mahadev 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.4,000/- which was kept in the donation box. Subsequently the matter being investigated by the police and initially the applicants alongwith other accused persons have been arrested in respect of crime No.165/2025 and the memorandum statement of applicants 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. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case and they have been arrested only on the basis of suspicion. He would submit that during the course of investigation, the memorandum statement of present applicants were recorded in respect of crime No.165/2025 and accordingly the seizure was made in respect of crime number 165/2025 and the memorandum and seizure which 3 was recorded in respect of Crime No.165/2025 is used in all the other crime number, which was registered against the applicants. He would further submit that so far the seizure in the crime No.157/2025 is concerned nothing has been seized from the possession of applicants in respect of Crime No.157/2025 and memorandum and seizure of the crime No.165/2025 used to demonstrate that the applicants are involved in many criminal cases. He would further submit that on the basis of memorandum statement of crime No.165/2025, there are other cases registered against the applicants and no material collected by the prosecution to demonstrate the involvement of applicants in respect of crime No.157/2025. He would submit that the applicants earlier resided at Basna and thereafter at Makeshwar Ward, Dhamtari, and since the main accused Jahir @ Sameer Khan used to visit their house, the applicants have been implicated merely due to their acquaintance with him. He would further submit that the charge sheet has been filed, the applicants are in jail 29/08/2025 and the conclusion of the trial will take considerable time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and submits that charge sheet has been filed in this case before the competent court. She would submit that the applicants are involved in a serious offence relating to theft from a place of worship. She would further submit that the FIR was 4 lodged by one Harsh Tiwari who is priest/Pujari of Sidhdheshwar Nath Mahadev 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.4,000/- which was kept in the donation box. It is submitted that during investigation of Crime No.165/2025, the present applicants along with other co-accused persons were arrested and their memorandum statement were recorded, which disclosed their involvement in the present crime. In view of the memorandum statements and other material collected during investigation, it is evident that the applicants were actively involved in the alleged offence, therefore, they are not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and the material available in the case diary, it is evident that the applicants alongwith other co-accused, are involved in a series of thefts committed in several temples at different places and their involvement has surfaced from memorandum statements recorded in Crime No.165/2025, wherein they admitted to have committed several such offences at different locations, the material collected thus far indicates that the applicants were part of an organized group engaged in the systematic commission of temple thefts. In view of the 5 memorandum statements and overall circumstances suggesting organized criminal activity, this Court is of the considered opinion that the applicants were prima facie involved in the alleged offence and therefore, do not deserve to be enlarged on regular bail. 7. Accordingly, the bail application filed by the applicants – Mohammad Munaf Khatri & Tahira Bano involved in Crime No. 157/2025, registered at Police Station – City Kotwali Dhamtari, District Dhamtari (C.G.) for the offence punishable under Sections 331(4), 305 (A) Read with 3(5) and 111 (2) (b) of Bhartiya Nyay Sanhita, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice gouri