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[Cites 15, Cited by 0]

Madhya Pradesh High Court

Peenu Sansi vs The State Of Madhya Pradesh on 14 February, 2025

          NEUTRAL CITATION NO. 2025:MPHC-IND:4027




                                                              1                           MCRC-2180-2025
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        BEFORE
                                      HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
                                                ON THE 14th OF FEBRUARY, 2025
                                             MISC. CRIMINAL CASE No. 2180 of 2025
                                                        PEENU SANSI
                                                           Versus
                                               THE STATE OF MADHYA PRADESH
                           Appearance:
                                   Applicant by Shri Surendra Tuteja - Advocate.
                                   Respondent - State of Madhya Pradesh by Shri Kamal Kumar Tiwari -
                           Government Advocate appearing on behalf of Advocate General.

                                                                  ORDER

This first bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 = Section 439 of Code of Criminal Procedure, 1973 has been filed for grant of regular bail by applicant Peenu Sansi S/o Pratap Singh Sansi for grant of regular bail, who has been arrested on 27.10.2024 in connection with Crime No.119 of 2024 registered at Police Station Excise Department, Dewas, District Dewas (M.P.) for commission of offences under Sections 34 (1) and 34 (2) of Madhya Pradesh Excise Act, 1915.

2. As per prosecution case, on 19.06.2024, a quantity of 205 bulk litres of illicit liquor was seized from the house in possession of the applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the case. He is neither the owner of the house nor was present at the time of seizure. He has not committed Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 14-02-2025 18:35:13 NEUTRAL CITATION NO. 2025:MPHC-IND:4027 2 MCRC-2180-2025 any offence. It is submitted that the applicant has been arrested on 27.10.2024. The investigation is complete and charge sheet has already been filed. The trial will take time, therefore, learned counsel prays for releasing the applicant on bail by allowing this application.

4. Per contra, learned counsel for the respondent / State has vehemently opposed the prayer on the ground that twenty five criminal cases [(1) Crime No.158/20.04.2016 Police Station Civil Lines, Dewas under

Sections 323, 294 and 506/34 of IPC; (2) Crime No.42/29.01.2017 Police Station Civil Lines, Dewas under Section 34 of MP Excise Act, 1915; (3) Crime No.220/08.06.2018 Police Station Civil Lines, Dewas under Sections 323, 294 and 506/34 of IPC adding Section 325 of IPC; (4) Crime No.289/22.07.2018 Police Station Civil Lines, Dewas under Section 34 of MP Excise Act, 1915; (5) Crime No.76/19.01.2019 Police Station Civil Lines, Dewas under Section 34 (2) of MP Excise Act, 1915; (6) Crime No.567/08.10.2019 Police Station Civil Lines, Dewas under Sections 323, 294 and 506 of IPC; (7) Crime No.267/09.07.2020 Police Station Civil Lines, Dewas under Section 34 of MP Excise Act, 1915; (8) Crime No.614/20.11.2021 Police Station Civil Lines, Dewas under Section 13 of Gambling Act; (9) Crime No.209/29.04.2023 Police Station Civil Lines, Dewas under Section 34 of MP Excise Act, 1915; (10) Crime No.288/04.06.2023 Police Station Civil Lines, Dewas under Sections 323, 294, 506, and 427/34 of IPC; (11) Crime No.455/27.08.2023 Police Station Civil Lines, Dewas under Section 34 of MP Excise Act, 1915; (12) Ista.

No.29/01.11.2023 Police Station Civil Lines, Dewas District externment;

Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 14-02-2025 18:35:13

NEUTRAL CITATION NO. 2025:MPHC-IND:4027 3 MCRC-2180-2025 (13) Ista. No115/23.04.2023 Police Station Civil Lines, Dewas Section 110 Cr.P.C.; (14) Ista. No121-A/08.05.2023 Police Station Civil Lines, Dewas Section 110 Cr.P.C.; (15) Ista. No177/12.06.2022 Police Station Civil Lines, Dewas Section 110 Cr.P.C.; (16) Ista. No74/10.06.2021 Police Station Civil Lines, Dewas Section 110 Cr.P.C.; (17) Crime No.49/2011 Police Station Kotwali Dewas under Sections 323, 294 and 506/34 of IPC; (18) Crime No.812/2016 Police Station Kotwali Dewas under Section 34 Excise Act, 1915; (19) Crime No.551/2014 Police Station Kotwali Dewas under Section 25 Arms Act; (20) Crime No.552/2020 Police Station Kotwali Dewas under Section 34 Excise Act, 1915; (21) Crime No.543/2014 Police Station Kotwali Dewas under Sections 323, 294 and 506 of IPC; (22) Crime No.26/2014 Police Station Kotwali Dewas under Sections 457 and 380 of IPC; (23) Crime No.49/2021 Police Station Kotwali Dewas under Section 34 (2) Excise Act, 1915; (24) Crime No.1288/2010 Police Station Kotwali Dewas under Sections 323, 294 and 506 of IPC; and (25) Crime No.718/2021 Police Station Kotwali Dewas under Section 34 Excise Act, 1915] have been registered against applicant prior to the date of incident; and out of which twelve cases are relating to Section 34 of MP Excise Act, 1915 and two cases are for commission of offence under Section 34 (2) of MP Excise Act, 1915, hence, looking to the criminal antecedents, this applicant may not be granted bail and therefore, prays for dismissal of the bail application.

5. Heard learned counsel for the parties with the aid of case diary.

6. In the aforesaid factual backdrop and looking to the criminal Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 14-02-2025 18:35:13 NEUTRAL CITATION NO. 2025:MPHC-IND:4027 4 MCRC-2180-2025 antecedents of the applicant, this Court is not inclined to grant bail to the applicant.

7. Accordingly, the present miscellaneous criminal case is dismissed.

(BINOD KUMAR DWIVEDI) JUDGE rcp Signature Not Verified Signed by: RAMESH CHANDRA PITHAWE Signing time: 14-02-2025 18:35:13