Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:5138
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8202 of 2025 Raju Mickle S/o Mickle Alex Aged About 48 Years R/o Village Kollam Kannal Nallur Thana/ District Kollam Keral, Present Address- Jiwan Vihar Colony, Rajnandgaon, P.S. Basantpur, District Rajnandgaon Chhattisgarh
--- Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Basantpur, District Rajnandgaon (C.G.)
--- Non-applicant(s) MCRC No. 8309 of 2025 Raju Mickle S/o Mickle Alex, Aged About 48 Years R/o Village Kollam Kannal Nallur Thana/ District Kollam Keral, Present Address- Jiwan Vihar Colony, Rajnandgaon, P.S. Basantpur, District Rajnandgaon (C.G.)
---Applicant(s) Versus State Of Chhattisgarh Through Station House Officer, Police Station Basantpur, District Rajnandgaon (C.G.)
--- Non-applicant(s) MCRC No. 8306 of 2025 Raju Mickle S/o Mickle Alex, Aged About 48 Years R/o Village Kollam Kannal Nallur Thana/ District Kollam Keral, Present Address- Jiwan Vihar Colony, Rajnandgaon, P.S. Basantpur, District Rajnandgaon (C.G.)
---Applicant(s) Versus KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
2 State Of Chhattisgarh Through Station House Officer, Police Station Basantpur, District Rajnandgaon (C.G.)
--- Non-applicant(s) MCRC No. 8303 of 2025 Raju Mickle S/o Mickle Alex, Aged About 48 Years R/o Village Kollam Kannal Nallur Thana/ District Kollam Keral, Present Address- Jiwan Vihar Colony, Rajnandgaon, P.S. Basantpur, District Rajnandgaon (C.G.)
---Applicant(s) Versus State Of Chhattisgarh Through Station House Officer, Police Station Basantpur, District Rajnandgaon (C.G.)
--- Non-applicant(s) MCRC No. 8297 of 2025 Raju Mickle S/o Mickle Alex Aged About 48 Years R/o Village Kollam Kannal Nallur Thana/ District- Kollam Keral, Present Address- Jiwan Vihar Colony, Rajnandgaon, P.S. Basantpur, District- Rajnandgaon, Chhattisgarh. ---Applicant(s) Versus State Of Chhattisgarh Through- Station House Officer, Police Station Basantpur, District- Rajnandgaon ( C.G. ).
--- Non-applicant(s) MCRC No. 8295 of 2025 Raju Mickle S/o Mickle Alex Aged About 48 Years R/o Village Kollam Kannal Nallur Thana/ District Kollam Keral, Present Address- House No. 107, Jiwan Apartment Jiwan Colony Behind Barfani Ashram, P.S. Basantpur, District Rajnandgaon Chhattisgarh
---Applicant(s) Versus State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali Rajnandgaon, District Rajnandgaon (C.G.)
--- Non-applicant(s)
3 MCRC No. 8250 of 2025 Raju Mickle S/o Mickle Alex Aged About 48 Years R/o Village Kollam Kannal Nallur Thana/ District- Kollam Keral, Present Address - Jiwan Vihar Colony, Rajnandgaon, P.S. Basantpur, District- Rajnandgaon Chhattisgarh
---Applicant(s) Versus State Of Chhattisgarh Through Station House Officer, Police Station Basantpur, District- Rajnandgaon Chhattisgarh
--- Non-applicant(s) MCRC No. 8242 of 2025 Raju Mickle S/o Mickle Alex Aged About 48 Years R/o Village Kollam Kannal Nallur Thana/ District Kollam Keral, Present Address- Jiwan Vihar Colony, Rajnandgaon, P.S. Basantpur, District Rajnandgaon C.G.
---Applicant(s) Versus State Of Chhattisgarh Through Station House Officer, Police Station Basantpur, District Rajnandgaon C.G.
--- Non-applicant(s) MCRC No. 8210 of 2025 Raju Mickle S/o Mickle Alex Aged About 48 Years R/o Village Kollam Kannal Nallur Thana/ District- Kollam Keral, Present Address - Jiwan Vihar Colony, Rajnandgaon P.S. Basantpur, District - Rajnandgaon Chhattisgarh
---Applicant(s) Versus State Of Chhattisgarh Through Station House Officer, Police Station Kotwali Rajnandgaon (Chowki Chikhali) District- Rajnandgaon (C.G.)
--- Non-applicant(s)
4 MCRC No. 8209 of 2025 Raju Mickle S/o Mickle Alex Aged About 48 Years R/o Village- Kollam Kannal Nallur Thana/district Kollam Keral, Present Address- Jiwan Vihar Colony, Rajnandgaon, P.S. Basantpur, District- Rajnandgaon, Chhattisgarh. ---Applicant(s) Versus State Of Chhattisgarh Through- Station House Officer, Police Station Basantpur, District- Rajnandgaon (C.G.)
--- Non-applicant(s) MCRC No. 8208 of 2025 Raju Mickle S/o Mickle Alex Aged About 48 Years R/o Village- Kollam Kannal Nallur Thana/district Kollam Keral, Present Address- Jiwan Vihar Colony, Rajnandgaon, P.S. Basantpur, District- Rajnandgaon, Chhattisgarh. ---Applicant(s) Versus State Of Chhattisgarh Through- Station House Officer, Police Station Basantpur, District- Rajnandgaon (C.G.)
….Non-Applicant(s) For Applicant : Ms. Jai Dewangan, Advocate. For Non-applicants/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 15/10/2025
1. Since all these bail applications are the first bail application of the applicant, arising out of similar incidents, though under different crime numbers, they are being heard and decided by this common
order. 5
2. The relevant particulars with respect to applicant in the bail applications are as under: M.Cr.C.No. Name of the Applicant Police Station Crime Number Offence under Sections Date of Arrest 8202/2025 Raju Mickle Basantpur, 360/2023 457,380,413, 34 of IPC. 20.03.2025 8208/2025 Raju Mickle Basantpur 134/2023 457, 380 of IPC. 20.03.2025 8209/2025 Raju Mickle Basantpur 249/2023 457,380,413, 34 of IPC. 20.03.2025 8210/2025 Raju Mickle Basantpur 157/2023 457,380,413, 34 of IPC. 20.03.2025 8242/2025 Raju Mickle Basantpur 318/2024 305, 331(4), 317, 3(5) of BNS. 20.03.2025 8250/2025 Raju Mickle Basantpur 266/2024 457,380,413, 34 of IPC. 20.03.2025 8295/2025 Raju Mickle City Kotwali, Rajnandgaon 125/2025 305(A), 331(4), 317, 3(5) of BNS. 20.03.2025 8297/2025 Raju Mickle Basantpur 733/2022 457,380,413, 34 of IPC. 20.03.2025 8303/2025 Raju Mickle Basantpur 240/2024 457,380,413, 34 of IPC. 20.03.2025 8306/2025 Raju Mickle Basantpur 26/2022 457,380,413, 34 of IPC. 20.03.2025 8309/2025 Raju Mickle Basantpur 48/2024 457,380,413, 34 of IPC. 20.03.2025
3. Case of the prosecution in brief: In MCRC No. 8202/2025- The case of the prosecution in brief is that the complainant has lodged a report before the concerned
6 Police Station, alleging therein that on the date of incident, the unknown persons have entered in his house by breaking lock and committed theft of golden, silver and cash amount of Rs. 1,05,000/- total valuation at Rs. 4,05,000/- from his house and on the basis of complaint made by the complainant, the police has registered the case under Sections 457, 380, 413, 34 of I.P.C. against the unknown persons and during the course of investigation, the police has arrested the present applicant on the basis of memorandum statement. In MCRC No.8208/2025- The case of the prosecution in brief is that the complainant has lodged a report before the concerned Police Station, alleging therein that on the date of incident, the unknown persons have entered in his house by breaking lock and committed theft of Microwave steel Dream, Watch, gifted Cloths from his house and on the basis of complaint made by the complainant, the police has registered the case under Sections 457, 380 of I.P.C. against the unknown persons and during the course of investigation, the police has arrested the present applicant on the basis of memorandum statement.
In MCRC No. 8209/2025- The case of the prosecution in brief is that the complainant has lodged a report before the concerned police Station, alleging therein that on the date of incident, the unknown persons have entered in his house by breaking lock and committed theft of golden, silver and cash amount of Rs. 15,000/- total valuation at Rs. 90,000/- from his house and on the basis of complaint made by the complainant, the police has registered the
7 case under Sections 457, 380, 413, 34 of I.P.C. against the unknown persons and during the course of investigation, the police has arrested the present applicant on the basis of memorandum statement. In MCRC No. 8210/2025- The prosecution case in brief is that the complainant has lodged a report to the concerned police Station, alleging therein that on the date of incident, the unknown persons have entered in his house by breaking lock and committed theft of Gold and Silver and cash amount of Rs. 18,500/- total valuation at Rs. 98,911/- from his house and on the basis of complaint made by the complainant, the police has registered the case under Sections 457, 380, 411, 34 of I.P.C. against the unknown persons and during the course of investigation, the police has arrested the present applicant on the basis of memorandum statement. In MCRC No.8242/2025- The case of the prosecution in brief is that the complainant has lodged a report to the concerned police Station, alleging therein that on the date of incident, the unknown persons have entered in his house by breaking lock and committed theft of gold, silver and cash amount of Rs. 5,000/- total valuation at Rs. 43,000/- from his house and on the basis of complaint made by the complainant, the police has registered the case under Sections 305, 331(4), 317, 3 (5) of B.N.S. against the unknown persons and during the course of investigation, the police has arrested the present applicant on the basis of memorandum statement. In MCRC No. 8250/2025- The case of the prosecution in brief is that the complainant has lodged a report to the concerned Police
8 Station, alleging therein that on the date of incident, the unknown persons have entered in his house by breaking lock and committed theft of gold, silver and cash amount of Rs. 1,20,000/- total valuation at Rs.
2,49,350/- from his house and on the basis of complaint made by the complainant, the police has registered the case under Sections 457, 380, 413, 34 of I.P.C. against the unknown persons and during the course of investigation, the police has arrested the present applicant on the basis of memorandum statement. In MCRC No. 8295/2025- The case of the prosecution in brief is that the complainant has lodged a report to the concerned Police Station, alleging therein that on the date of incident, the unknown persons have entered in his house by breaking lock and committed theft of gold, silver and cash amount of Rs. 12,000/- from his house and on the basis of complaint made by the complainant, the police has registered the case under Sections 305(A), 331(4), 317, 3(5) of B.N.S. against the unknown persons and during the course of investigation, the police has arrested the present applicant on the basis of memorandum statement. In MCRC No. 8297/2025- The case of the prosecution in brief is that the complainant has lodged a report to the concerned Police Station, alleging therein that on the date of incident, the unknown persons have entered in his house by breaking lock and committed theft of gold, silver and cash amount of Rs. 1,45,000/- total valuation at Rs. 1,85,000/- from his house and on the basis of complaint made by the complainant, the Police has registered the
9 case under Sections 457, 380, 413, 34 of I.P.C. against the unknown persons and during the course of investigation, the police has arrested the present applicant on the basis of memorandum statement. In MCRC No. 8303/2025- The case of the prosecution in brief is that the complainant has lodged a report to the concerned Police Station, alleging therein that on the date of incident, the unknown persons have entered in his house by breaking lock and committed theft of gold, silver and cash amount of Rs. 8,000/- total valuation at Rs.
31,000/- from his house and on the basis of complaint made by the complainant, the police has registered the case under Sections 457, 380, 413, 34 of I.P.C. against the unknown persons and during the course of investigation, the Police has arrested the present applicant on the basis of memorandum statement. In MCRC No. 8306/2025- The case of the prosecution in brief is that the complainant has lodged a report before the concerned police Station, alleging therein that on the date of incident, the unknown persons have entered in his house by breaking lock and committed theft of gold, silver and cash amount of Rs. 45,000/- from his house and on the basis of complaint made by the complainant, the police has registered the case under Section 457, 380, 413, 34 of I.P.C. against the unknown persons and during the course of investigation, the police has arrested the present applicant on the basis of memorandum statement. In MCRC No. 8309/2025- The case of the prosecution in brief is that the complainant has lodged a report to the concerned Police
10 Station, alleging therein that on the date of incident, the unknown persons have entered in his house by breaking lock and committed theft of gold, silver and cash amount of Rs. 7,000/- total valuation at Rs. 3,62,000/- from his house and on the basis of complaint made by the complainant, the police has registered the case under Sections 457, 380, 413, 34 of I.P.C. against the unknown persons and during the course of investigation, the police has arrested the present applicant on the basis of memorandum statement. 4. Ms. Jai Dewangan, learned counel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. She further submits there is no ingredient of offence punishable under Sections 457, 380, 413, 34 of I.P.C. of the prosecution story against the present applicant.
The present applicant has neither entered in the house nor committed stolen of any article of the complainants’ house and the prosecution has not collected the sufficient material from the possession of the applicant regarding theft of the said article. She further submits that the police has not seized any said article from the possession of the applicant and he has not committed theft of the seized article and only on the basis of memorandum of statement, the applicant has arrested by police.The prosecution has cooked up concocted story to falsely implicate the present applicant based upon the false and baseless allegation and in the present case, charge-sheet has been filed before the competent Court and except all these cases, the applicant has no criminal antecedent. She further submits that the applicant is suffering from acute diabetes and high blood pressure,
11 and additionally, he has sustained a hairline fracture in his left leg, which has now developed into a severe infection due to lack of proper medical treatment in custody. It is, therefore, prayed that considering the deteriorating health condition of the applicant and the need for appropriate medical care, the applicant may kindly be enlarged on bail on humanitarian grounds. 5. Learned State Counsel most respectfully opposes the bail application and submits that the applicant is not entitled to the benefit of bail in view of the gravity and nature of the offences alleged against him. It is submitted that during the course of investigation, several silver ornaments and a considerable amount of cash have been seized from the possession of the present applicant, which directly connects him with the series of house- breaking and theft incidents reported in various Police Stations. It is further submitted that as many as eleven (11) FIRs have been registered against the applicant for similar nature of offences under Sections 457, 380, 413, and 34 of the Indian Penal Code as well as under corresponding provisions of the Bharatiya Nyaya Sanhita (BNS), indicating a consistent pattern of criminal conduct and establishing his habitual involvement in offences of house trespass and theft.
The applicant had been absconding for the last two years and was apprehended only on 20.03.2025, which itself shows his deliberate attempt to evade the process of law. The contention of the learned counsel for the applicant that the present applicant has been falsely implicated and that no article was seized from his possession is wholly untenable, as the recovery of
12 incriminating materials, including silver ornaments and cash, has been made on the basis of the memorandum statement given by the applicant, duly corroborated by seizure witnesses. It is further submitted that the nature of offence is grave and serious, being against the property and peace of society, and the offences are punishable with severe imprisonment. Grant of bail to such an accused who is involved in multiple similar cases would not only adversely affect the fair trial of the case but also pose a threat to public confidence in the criminal justice system. As regards the alleged ailment of the applicant, it is submitted that no documentary proof has been placed on record to substantiate the same. Therefore, the said ground cannot be considered as a valid basis for granting bail. 6. Learned State counsel further submits that in light of the above
facts and circumstances, considering the gravity of the offence, the number of cases registered against the applicant, the recovery of stolen property from his possession, and his past conduct of absconding from the process of law, the applicant does not deserve the indulgence of this Court by way of grant of bail. Accordingly, it is most humbly prayed that the bail application be rejected.
7. I have heard learned counsel appearing for the parties and perused the case diary.
8. Considering the facts and circumstances of the case, nature and gravity of the allegations levelled against the applicant and further taking into account that as many as total eleven FIRs of similar
13 nature have been registered against him for offences involving house-breaking and theft under Sections 457, 380, 413, and 34 of the Indian Penal Code as well as under the relevant provisions of the Bharatiya Nyaya Sanhita, it prima facie appears that the applicant is habitually involved in committing offences of like nature. The recovery of stolen articles and cash from his possession further connects him with the alleged offences. The material collected during the course of investigation, coupled with the applicant’s conduct of absconding for about two years prior to his arrest, does not persuade this Court to take a lenient view in his favour. The plea of ill-health, as raised by the learned counsel for the applicant, also remains unsubstantiated by any medical record or document.
9. In view of the aforesaid considerations and having regard to the seriousness of the offence, the nature of evidence collected and the possibility of repetition of similar offences if released on bail, it appears that the present applicant is a habitual offender, further he has misused the bail granted to him earlier, and also in light of the
judgment rendered by the Hon’ble Court in Deepak Yadav Vs. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail.
10. Accordingly, the bail application of the applicant namely- Raju Mickle, involved in Crime Nos. as detailed in paragraph No. 2
14 above, registered at Police Station Mentioned in paragraph No.2 District Rajnandgaon for the offence as detailed in paragraph No. 2 above, is hereby rejected.
11. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously.
12. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information.
Sd/-
(Ramesh Sinha) Chief Justice Kunal