Final Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IN THE COURT OF DEEPALI SHARMA :
SPECIAL JUDGE: (PC ACT): (ACB-01):
RACC: NEW DELHI
FIR No. 06/2024
PS : ACB
CNR No. DLCT11-000305-2025
Bail Matter No. 62/2025
Sameer Kumar Mittal vs. State
and
CNR No. DLCT11-000306-2025
Bail Matter No. 63/2025
Dr. Sahil Mittal vs. State
19.04.2025
These are two separate anticipatory bail applications u/s
482 BNSS, 2023, moved on behalf of applicants Sameer Kumar Mittal
and Dr. Sahil Mittal , both s/o Dr. Gauri Shankar Mittal.
Pr.: Sh. Gyan Prakash, Ld. Substitute Addl.P.P. for the State.
Sh. Vikas Aora and Sh. Harish Malik, ld. Counsel for
both the applicants.
IO/ACP Jarnail Singh.
Separate additional replies filed by the IO. Copies
supplied.
Arguments on both the anticipatory bail applications
heard.
Ld. counsel for both the applicants prays for grant of
anticipatory bail mainly on the grounds that both the applicants are
Directors of Meera Group of Colleges, Sardar Patel Group of Colleges
and Shree Balaji Institute of Higher Studies and they have no
connection with the issuance of false Verification Reports by their
colleges.
It is urged that applicants received notices u/s 91 Cr.P.C.
dated 30.12.2024 addressed to S.P.College of Pharmacy, Abohar,
FIR No. 06/2024, PS ACB Page 1 of 5
-- 1 of 5 --
Punjab and Meera College of Pharmacy, Abohar, Punjab, whereby
they were asked to verify as to whether candidates named therein had
passed degrees/diplomas from the said colleges and after verifying the
records, applicants had sent replies submitting therein that none of the
candidates named in the notice address to S.P.College of Pharmacy
had been student of said college and that only two students named in
notice address to Meera College of Pharmacy were students of said
college. Relevant records of the colleges were shared with the
investigating agency. It is urged that thereafter both the applicants
and Office Superintendent of Meera College of Pharmacy i.e. accused
Gurusharan Singh joined investigation in this case and both the
applicants were confronted with fake documents and they found that
their signatures were forged on those documents. It is urged that
accused Gurusharan Singh, who has already been arrested in this case,
had full access to the official email IDs of the colleges, which were
used for the purposes of student verification and communications sent
to the concerned departments from the said email IDs. It is urged that
both the applicants joined investigation in this case as and when
directed by the IO and have fully co-operated in the investigation and
produced all relevant documents and electronic evidence, which have
already been secured by the investigating agency. It is urged that co-
accused Gurusharan Singh had authorized access to the official
college email account, as part of his administrative duties, and he had
created and verified fake certificates without the knowledge or
consent of the applicants and also forged signatures of applicants &
college officials and also misused his legitimate access to the college’s
official email account.
It is urged that both the applicants have clean
antecedents and have no direct or indirect involvement in the alleged
pharmacy registration racket. It is argued that the applicants are not
named in the FIR and there is nothing on record to indicate that they
FIR No. 06/2024, PS ACB Page 2 of 5
-- 2 of 5 --
received any monetary or other benefit in the entire transaction. It is
stated that their custodial interrogation is not required as they have
already joined investigation in this case and produced all relevant
documentary and electronic evidence before the IO. It is urged that
both the applicants have deep roots in society being Directors of
educational institutions and as such there is no apprehension of the
applicants fleeing from justice. It is prayed that anticipatory bail be
granted to both the applicants as they are ready to join investigation
in this case as and when directed by the IO and also ready to abide by
all the conditions whatever would be imposed by the court.
On the other hand, both the anticipatory bail applications
are opposed by the Ld. Addl. P.P. for the State by submitting that
nature of allegations levelled in present FIR are serious in nature. It is
urged that both the applicants are Directors of both the above-said
colleges and DPC requested via email to both the colleges on the
registered email ID available with Pharmacy Council of India, for
verification reports pertaining to D.Pharma certificates of both the
colleges. In response thereto, the verification reports were passed on
to DPC via email/speed post confirming alleged fake certificates as
genuine. It is argued that both the applicants had access to the
registered email ID of colleges and they forwarded mails to concerned
Clerk i.e. co-accused Gurusharan, who thereafter had sent verification
reports to DPC wherein fake documents were confirmed to be
genuine. It is argued that mails sending and receiving data, available
with DPC, and the documentary evidence collected during
investigation, do confirm the allegations against both the applicants.
It is further stated that co-accused Gurusharan made disclosure
statement in which he revealed about the role of applicants. It is also
stated that investigation is at initial stage and their specimen
signatures/writings have to be obtained as the applicants had signed
the verification reports, wherein documents were complete fake, even
FIR No. 06/2024, PS ACB Page 3 of 5
-- 3 of 5 --
on behalf of their senior employees and they had received and sent the
reports over their official mails thereby indicating their involvement in
this case, and for this purpose their custodial interrogation is required.
It is also stated that the applicants being Directors of the colleges are
in a position to influence the investigation. Accordingly, a prayer is
made for dismissal of both the anticipatory bail applications.
I have heard arguments on behalf of both the parties and
perused the record as well as replies filed by the IO.
The IO has also filed a chart indicating that the request
for verification report was received on the registered email ID of
Meera College of Pharmacy i.e. drsahilmittal@yahoo.com and the
verification report was sent from the official email ID of that college
i.e. principalmeeracop@gmail.com. As regards S.P.College of
Pharmacy, the request was received from DPC on the registered email
ID of the college i.e. spcop@outlook.com and the replies/verification
reports were also sent from that registered email ID. It is stated by the
applicants that co-accused Gurusharan Singh had access to the
aforesaid email IDs, which he misused. Considering the fact that the
registered email ID, in particular of S.P.College of Pharmacy, which
was separate from an official email ID and not accessible to everyone,
was however accessible to Gurusharan Singh besides the applicants,
from which verification reports were sent to DPC, does not imply with
certanity that the entire exercise of sending fake verification reports
was carried out without knowledge of the applicants/accused persons
and for that purpose investigation needs to be carried out. In his
disclosure statement co-accused Gurusharan Singh has mentioned that
he and both the directors had access to the registered email ID of
S.P.College of Pharmacy and only they three used to operate that
email ID. The signatures on the certificates are required to be verified
besides other aspects. Moreover, the applicant/accused persons being
Directors of the colleges are in a position to influence investigation.
FIR No. 06/2024, PS ACB Page 4 of 5
-- 4 of 5 --
Also considering the fact that the investigation is at crucial stage,
anticipatory bail applications of both the applicants are hereby
dismissed. Both the applications stand disposed off accordingly.
Copy of order be given dasti to the ld. Counsel for the
applicants and IO.
( Deepali Sharma )
Special Judge, PC Act(ACB-01)
RACC, New Delhi.
19.04.2025
FIR No. 06/2024, PS ACB Page 5 of 5
-- 5 of 5 --