Final Order 2

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF DEEPALI SHARMA :
SPECIAL JUDGE: (PC ACT): (ACB-01):
RACC: NEW DELHI
FIR No. 06/2024
PS : ACB
U/s 7/13(2) of Prevention of Corruption Act r/w 419/420/467/
468/469/471/120B/34 IPC
CNR No. DLCT11-000376-2025
Bail Matter No. 89/2025
State Vs Inderjeet Kumar
CNR No. DLCT11-000379-2025
Bail Matter No. 91/2025
State Vs Aman Bansal
CNR No. DLCT11-000388-2025
Bail Matter No. 96/2025
State Vs Ayaz Ahmed
CNR No. DLCT11-000389-2025
Bail Matter No. 98/2025
State Vs Chander Prakash
CNR No. DLCT11-000387-2025
Bail Matter No. 99/2025
State Vs Surender
CNR No. DLCT11-000395-2025
Bail Matter No. 100/2025
State Vs Jai Prakash
CNR No. DLCT11-000394-2025
Bail Matter No. 101/2025
State Vs Amit Gulati
CNR No. DLCT11-000396-2025
Bail Matter No. 102/2025
State Vs Karan Arora
CNR No. DLCT11-000393-2025
Bail Matter No. 103/2025
State Vs Madan Mandal
FIR No. 06/2024, PS ACB Page 1 of 6
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CNR No. DLCT11-000390-2025
Bail Matter No. 104/2025
State Vs Deepak Sharma
CNR No. DLCT11-000398-2025
Bail Matter No. 105/2025
State Vs Himanshu Madaan
CNR No. DLCT11-000391-2025
Bail Matter No. 106/2025
State Vs Muhammad Mujassim
03.05.2025
Vide this order I shall dispose of twelve regular bail
applications u/s 483 BNSS, 2023, moved on behalf of
applicants/accused persons namely (1) Inderjeet, s/o Ram Sewak; (2)
Aman Bansal, s/o Amit Bansal; (3) Ayaz Ahmed, s/o Niyaz Ahmed;
(4) Chander Parkash, s/o Ram Kumar; (5) Surender Kumar, s/o Sri
Niwas; (6) Jaiprakash, s/o Lakhpat Rai; (7) Amit Gulati, s/o Lt. Amrit
Lal Gulati; (8) Karan Arora, s/o Balraj Arora; (9) Madan Mandal, s/o
Jitender Mandal; (10) Deepak Sharma, s/o Shyam Lal Sharma; (11)
Himanshu Madaan, s/o Harish Madaan and (12) Muhammad
Mujassim, s/o Sabir Hussain.
Pr.: Sh. Sukhbeer Singh, Ld. Chief P.P. for the State.
Sh. Mahavir Sharma and Sh. Charul Chaudhary, ld.
Counsel for the applicant/accused Inderjeet Kumar.
Sh. Dharmender Sharma and Sh. Anil Saini, ld. Counsel
for the applicant/accused Aman Bansal.
Sh. Rajendra Kumar Kasana, ld. Counsel for the
applicant/accused Ayaz Ahmed.
Sh. Vineet Jain, ld. Counsel for the applicant/accused
Chander Prakash and Surender.
Sh. Sarthak Mudgil and Ms. Bhairabi Das, ld. Counsel
for the applicant/accused Jai Prakash.
Sh. S.Sharma and Sh. Rahul R.Gupta, ld. Counsel for
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the applicant/accused Amit Gulati.
Ms. Anita Dhingra, ld. Counsel for the
applicant/accused Karan Arora.
Sh. Ajay Kumar and Ms. Pragati Goel, ld. Counsel for
the applicant/accused Madan Mandal.
Sh. Kartik and Sh. Abhishek Rana, ld. Counsel for
the applicant/accused Deepak.
Sh. Karan Ahuja and Satish Aggarwala, ld. Counsel for
the applicant/accused Himanshu Madaan.
Sh. Abhishek Taneja, Sh. Hasmudeen, Sh. Surya Pratap
Sirohi, Sh. Mohd. Azam and Sh. Vikas Pratap Singh, ld.
Counsel for the applicant/accused Muhammad
Mujassim.
IO/ACP Jarnail Singh.
Separate replies filed by the IO.
1. Ld. counsels for applicants/accused persons pray for
grant of regular bail on the ground that they are victims of
circumstances and are innocent. They have co-operated with the
investigating agency and have joined investigation as and when
directed. It is further stated by ld. Counsels for applicants/accused
persons namely Aman Bansal, Ayaz Ahmed, Chander Prakash,
Jaiprakash, Karan Arora and Madan Mandal never used the
Pharmacist Certificate anywhere either for seeking employment as
chemist or running a chemist shop. No recovery is required to be
affected from the applicants/accused persons and they have handed
over all the documents to the investigating agency and as such they
are not in a position to influence any investigation as the evidence qua
them is entirely documentary in nature. It is argued that section 467
IPC is not attracted in the present case as the applicants/accused
persons are not the makers of the alleged forged documents. It is
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urged that vide orders dated 01.05.2025 five co-accused persons,
whose roles are similar to the role of present applicants/accused
persons, have already been granted bail in this case and hence, they
seek bail on the ground of parity also. It is stated that the
applicants/accused persons are in JC since 03.04.2025 and no fruitful
purpose would be served by keeping the applicants/accused persons
behind bars. It is urged that applicants/accused persons 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. It is prayed that applicants/accused persons be granted bail in
this case.
2. On the other hand, it is argued by ld. Chief P.P. for the
State that the allegations against the applicants/accused persons are
grave in nature. It is stated that the applicants/accused persons
knowingly and by paying money to the co-accused persons sought
registration as Pharmacist on the basis of forged documents i.e.
D.Pharma Certificates and Training Certificates. It is stated that
some of the applicants/accused persons used illegally obtained
Pharmacist Certificates either in getting employment in chemist shops
or running chemist shops. It is prayed that all the bail applications of
the abovesaid applicants/accused persons are liable to be dismissed.
3. I have heard ld. Counsel for the parties and perused the
reply filed by IO.
4. Prosecution case in brief is that a complaint was filed by
Deptt. of Health & Family Welfare, GNCTD on 30.01.2024 against
Kuldeep Singh, the then Registrar, Delhi Pharmacy Council (DPC) for
registration of Candidates as Pharmacists, on basis of fake documents.
Thereafter approval u/s 17 A POC Act was obtained from Competent
Authority vide letter dated 23.04.2024 and consequently present case
FIR was registered on 02.05.2024. During investigation it was
revealed that since 2021 a large number of applicants were approved
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as Pharmacists on the basis of forged/fake Diplomas in Pharmacy and
training certificates, by co-accused Registrar Kuldeep Singh in
connivance with touts and middlemen, against hefty payments.
5. As per replies filed by the IO, the applicants/accused
persons was approached by different touts co-accused persons and
they were offered fake documents i.e. D.Pharma Certificates and
Training Certificates for their future prospectus against payment of
hefty amount and thereafter those different touts on behalf of
applicants/accused persons uploaded their respective fake documents
on website of DPC for registration as Pharmacist. On the basis of fake
documents and false verification reports, Pharmacist Certificate were
issued to the applicants/accused persons by DPC. It is stated by IO
that the applicants/accused persons namely Aman Bansal, Ayaz
Ahmed, Chander Prakash, Jaiprakash, Karan Arora and Madan
Mandal were not assotiated with any chemist shop/firm either as an
employee or as a owner. It is further stated that remaining
applicants/accused persons were either running a chemist shop or
employed with a chemist shop/firm and Drugs Control Department
has issued show cause notices to those firms or medical stores and
presently they are closed.
6. It is stated by the IO that the necessary documents of the
applicants/accused persons pertaining to Pharmacist registration have
been recovered from the applicants/accused persons and investigation
pertaining to the said documents has been completed.
7. Considering the aforesaid submissions, period of JC; the
fact that no further recovery is required to be affected from the
applicants/accused persons; the fact that the investigation qua the
documents pertaining to their registration with DPC has been
completed; the fact that five co-accused persons, whose roles are
similar to the present applicants/accused persons, have already been
granted bail and since the investigation in the present case qua the
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applicants/accused persons is almost concluded, I deem it fit to allow
the present bail applications. Accordingly, applicants/accused persons
namely Inderjeet, Aman Bansal, Ayaz Ahmed, Chander Parkash,
Surender Kumar, Jaiprakash, Amit Gulati, Karan Arora Madan
Mandal, Deepak Sharma, Himanshu Madaan and Muhammad
Mujassim are admitted to bail on their furnishing a personal bond in
the sum of Rs. 50,000/- each with one surety each in the like amount
subject to following conditions :
(i) That applicants/accused persons shall join
investigation with the IO/SHO concerned as and when
required;
(ii) That applicants/accused persons shall not try to
contact or influence, directly or indirectly, any of the
witnesses of present case and shall not tamper with
evidence;
(iii) That applicants/accused persons shall not misuse
the liberty of bail by indulging in commission of similar
or any other offence in future;
(iv) That applicants/accused persons shall not leave the
country without prior permission of the Court;
(v) That applicants/accused persons shall intimate the
IO/SHO concerned in case of change of their address.
8. Accordingly, all twelve bail applications stand
disposed off.
9. Copy of order be given dasti to the IO and be also sent
to the Superintendent Jail concerned.
( Deepali Sharma )
Special Judge, PC Act(ACB-01)
RACC, New Delhi.
03.05.2025
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