1 2025:CGHC:60029 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8358 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 Kurud, District Dhamtari, C.G. … Respondent For Applicants : Mr. Anil Kumar Gulati, Advocate For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer 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. 166/2025, registered at Police Station – Kurud, District - Dhamtari (C.G.) for VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.11 12:08:11 +0530 2 the offence punishable under Sections 331(4), 305(Ä) & 111 of the Bhartiya Nyaya Sanhita, 2023. 2. The brief facts of the prosecution case is that, the FIR was lodged by Sevak Sahu, who is working as Manager alleging inter-alia that in the intervening night of 13/14-06-2025, some unknown persons committed the theft and stolen the cash, which was kept in the donation box amount to Rs 3000/- On the basis of FIR lodged by the complainant, the police registered the offence under Section 331 (4), 305 (d) of Bhartiya Nayaya Sanhita, subsequently the matter being investigated by the police and during the investigation, initially the police recorded the memorandum statement of Jahir @ Sameer Khan in respect of Crime No. 165/2025, in which it was informed by him that he along with the applicants and other accused persons committed the theft in the temples and on the basis of memorandum statement of Jahir @ Sameer Khan, the memorandum statement of applicants were recorded and recovery made in respect of Crime No. 165/2025 and the applicants along with other co- accused persons have been arrested for the commission of alleged offences. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that It is pertinent to mention here that during the course of investigation, the memorandum statements of the applicants 3 were recorded, wherein it was stated that the main accused Jahir @ Sameer Khan had asked them to keep watch outside the temple while he himself entered the temple to commit the theft; therefore, prima facie, the applicants are not directly involved in the commission of the alleged offences. It is further relevant that on the basis of one memorandum statement recorded in Crime No. 165/2025, six more cases of similar allegations have been registered against the applicants. 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. The applicant No.1 is in jail since 22.06.2025 and applicant No.2 is in jail since 27.06.2025 and the conclusion of the trial will take considerable time, therefore, learned counsel prays for grant of regular bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the present case relates to the theft of ornaments and Rs.3,000/- from Chandi Temple, Kurud, for which an offence under Sections 331(4) and 305(d) of the Bharatiya Nyaya Sanhita was registered. During investigation, the memorandum of the main accused, Jahir @ Sameer Khan, was recorded, wherein he disclosed that the present applicants, along with other co-accused persons, had participated in the temple thefts. On the basis of his disclosure, the memorandum statements of the applicants were recorded and recoveries were 4 effected at their instance. In view of the memorandum statements, recoveries, and other material collected during 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 available in the case diary, it is evident that an FIR was lodged at Police Station Kurud, District Dhamtari (C.G.), alleging theft of gold ornaments and a cash amount of Rs.3,000/- from Chandi Temple, Kurud, for which offences under Sections 331(4), 305(d), and 111 of the Bharatiya Nyaya Sanhita were registered. During the course of investigation, the memorandum statement of the main accused, Jahir @ Sameer Khan, was recorded, wherein he disclosed that he, along with the present applicants and other co-accused persons, had committed organised temple thefts. On the basis of his disclosure, the memorandum statements of the applicants were recorded and certain recoveries were effected at their instance. The material collected thus far indicates that the applicants were part of an organised group engaged in the systematic commission of temple thefts. In view of the memorandum statements, the recoveries made, and the overall 5 circumstances suggesting organised criminal activity, this Court is of the considered opinion that the applicants were prima facie involved in the alleged offences and, therefore, do not deserve to be enlarged on regular bail. 7. Accordingly, the bail application filed by the applicants/accused – Mohammad Munaf Khatri & Tahira Bano involved in Crime No. 166/2025, registered at Police Station – Kurud, District - Dhamtari (C.G.) for the offence punishable under Sections 331(4), 305(Ä) & 111 of the Bhartiya Nyaya Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav