##PAGE1##

1

Digitally

signed by 2026:CGHC:22887

ABHISHEK

ABHISHEK SHRIVAS

SHRIVAS Date: NAFR

2026.05.15

17:39:19

+0530

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 4533 of 2026

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 Chhattisgarh

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 Chhattisgarh

... Applicants

versus

State of Chhattisgarh Through Station House OfÏcer, Police of Police

Station City Kotwali Dhamtari, District Dhamtari Chhattisgarh

... Non-Applicant

For Applicants : Mr. Anil Kumar Gulati, Advocate

For Non-Applicant/State : Mr. Saurabh Sahu, Panel Lawyer

Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

14.05.2026

1. This is the second bail application filed under Section 483 of the BNSS

for grant of regular bail to the applicants who have been arrested in

connection with Crime No. 155/2025 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 the

Bharatiya Nyaya Sanhita, 2023 (BNS).

2

2. The earlier bail application of the applicants being MCRC No. 10199 of

2025 was rejected by this Court vide order dated 11.12.2025 on merits.

3. As per the brief facts of the prosecution case, the FIR was lodged by one

Ramsuresh Pandey, who is the Priest/Pujari of Kalimata Temple,

alleging therein that, during the intervening night of 20.06.2025 and

21.06.2025, some unknown persons broke the lock of the temple and

stole a sum of Rs. 2,500–3,000/- which was kept in the donation box.

Subsequently, the matter was investigated by the police, and initially the

applicants, along with other accused persons, were arrested in

connection with Crime No. 165/2025. The memorandum statements of

the applicants and other accused persons were recorded in respect of

Crime No. 165/2025, and the memorandum and seizure pertaining to

Crime No. 165/2025 have also been used in the present crime.

4. Learned counsel for the applicants submits that, the first bail application

of the applicants was rejected by this Court on merits. He submits that

the present applicants are innocent and have been falsely implicated in

the present case. It is submitted that during investigation, memorandum

statements of the applicants were recorded in Crime No.165/2025 of

Police Station Kurud and seizure was also made only in that case. It is

further submitted that the said memorandum and seizure of Crime

No.165/2025 have been relied upon by the prosecution to implicate the

applicants in other cases including the present Crime No.155/2025. He

further submits that though certain criminal cases have been shown

against the applicants, there is in fact no independent criminal

antecedent against them, and all the cases have been registered only on

the basis of a single memorandum statement recorded in Crime

No.165/2025. It is submitted that on the basis of the said one

memorandum statement, as many as seven criminal cases including the

3

present case have been registered, without any separate recovery or

independent material, and therefore the alleged criminal antecedents are

not genuine. He further submits that co-accused Mahmuda Begam has

already been enlarged on bail by this Hon’ble Court in MCRC

No.3543/2026, 3566/2026, 3560/2026, 3555/2026 and 3544/2026 vide

order dated 20.04.2026, and the case of the present applicants stands

on similar footing. It is further submitted that there is no recovery from the

possession of the applicants in the present Crime No. 155/2025 and the

case is based only on memorandum. It is also submitted that there are

total 13 witnesses, out of which 07 have been examined, and trial will

take time. The applicants are in jail since 29.08.2025. Therefore, on the

ground of parity and long custody, he prays for grant of second bail to the

applicant