1 CGHC010248782026 2026:CGHC:28919 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6165 of 2026 Mahmuda Begam W/o Salim Khan Aged About 42 Years R/o Beside Of Kanya Shala, Gurunanak Ward, P. S. Basna, Dist. - Mahasamund (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Office P. S. Kurud, District - Dhamtari (C.G.) ... Non-Applicant For Applicant : Mr. Saket Pandey, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 166/2026 registered at Police Station : Kurud District Damtari (C.G.) for the offence punishable under Section 331(4) and 305(d) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that the complainant, Sevak Ram Sahu, lodged a report at Police Station Kurud alleging that Digitally signed by JYOTI JHA Date: 2026.07.10 18:04:19 +0530 2 during the intervening night of 13.06.2025 and 14.06.2025, an unknown person broke open two donation boxes kept in the Kali/Chhattisgarh Mahtari Temple, Kurud and committed theft of approximately Rs. 3,000/- kept therein. Accordingly, Crime No.166/2025 was registered for the offences punishable under Sections 331(4) and 305(d) of the Bharatiya Nyaya Sanhita. During the course of investigation, the present applicant, who had already been arrested in connection with Crime No.165/2025 of the same police station, allegedly made a memorandum statement admitting that she, along with the co-accused, had committed the theft from the said temple. On the basis of the said memorandum and other material collected during investigation, the applicant was formally arrested in the present case. After completion of investigation, the charge-sheet has been filed against the applicant and the co-accused for the offences punishable under Sections 331(4), 305(d) and 111 of the Bharatiya Nyaya Sanhita. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in the present case and has not committed any offence. It is submitted that she has been in judicial custody since 01.07.2025 and the investigation has been completed with the filing of the charge-sheet; therefore, her further custodial interrogation is not required. Learned counsel would further submit that although sevan criminal cases of a similar nature have been registered against the applicant, this Court has 3 already granted her the benefit of bail in MCRC Nos. 3543/2026, 3566/2026, 3560/2026, 3555/2026 and 3544/2026. It is further submitted that the applicant is a 42-year-old woman suffering from serious ailments and is undergoing treatment at RLC Multispeciality Hospital, Raipur and Government Medical College Affiliated Hospital, Mahasamund. On these grounds, it is prayed that the applicant be enlarged on regular bail. 4. Learned State counsel opposes the prayer for bail and submits that the applicant is a habitual offender against whom several criminal cases of a similar nature are registered. It is further submitted that the applicant is involved in a series of temple thefts. Considering the gravity of the offence and the applicant's criminal antecedents, it is prayed that the bail application be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature of the allegations, the fact that the investigation has been completed and the charge-sheet has already been filed, the period of detention undergone by the applicant, and further taking into consideration that the applicant has already been granted regular bail by this Court in MCRC Nos. 3543/2026, 3566/2026, 3560/2026, 3555/2026 and 3544/2026 arising out of similar criminal cases, this Court is of the opinion that the present is a fit case for grant of regular bail. Accordingly, without expressing any opinion on the merits of the case, the bail application is allowed. 7. Let applicant, Mahmuda Begum, involved in 166/2026 registered 4 at Police Station : Kurud District Damtari (C.G.) for the offence punishable under Section 331(4) and 305(d) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE Jyoti