Full Order Text
Final Order 2 · 05 May 2025 · CNR DLCT110004032025
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 U/s 7/13(2) of Prevention of Corruption Act r/w 419/420/467/ 468/469/471/120B/34 IPC CNR No. DLCT11-000399-2025 Bail Matter No. 107/2025 State Vs Lalit Kumar Rajora CNR No. DLCT11-000402-2025 Bail Matter No. 108/2025 State Vs Tushar CNR No. DLCT11-000403-2025 Bail Matter No. 109/2025 State Vs Vikas Gupta CNR No. DLCT11-000405-2025 Bail Matter No. 110/2025 State Vs Anshul CNR No. DLCT11-000410-2025 Bail Matter No. 111/2025 State Vs Twinkle CNR No. DLCT11-000409-2025 Bail Matter No. 112/2025 State Vs Sachin Kumar @ Sachin Aggarwal CNR No. DLCT11-000408-2025 Bail Matter No. 113/2025 State Vs Mohit Nangiya CNR No. DLCT11-000407-2025 Bail Matter No. 114/2025 State Vs Sunil Kumar Nishad FIR No. 06/2024, PS ACB Page 1 of 6 -- 1 of 6 -- 05.05.2025 Vide this order I shall dispose of eight regular bail applications u/s 483 BNSS, 2023, moved on behalf of applicants/accused persons namely (1) Lalit Kumar Rajora, s/o Suresh Kumar Rajora; (2) Tushar s/o Sunil Kumar; (3) Vikas Gupta s/o Surender Kumar Gupta; (4) Anshul, s/o Jai Prakash; (5) Twinkle, s/o Bijender Singh; (6) Sachin Kumar @ Sachin Aggarwal, s/o Ramesh Chander; (7) Mohit Nangiya, s/o Aman Kumar and (8) Sunil Kumar Nishad, s/o Jawahar Lal Nishad. Pr.: Sh. Sukhbeer Singh, Ld. Chief P.P. for the State. Sh. Sandeep Dahiya and sh. Jayesh Kohali, ld. Counsel for the applicant/accused Lalit Kumar Rajora. Sh. Vishal Chabbra and sh. Atul Goyal, ld. Counsel for the applicant/accused Tushar and Vikas Gupta. Sh. Pawan Kumar, ld. Counsel for the applicant/accused Anshul. Sh. Harsh, ld. Counsel for the applicant/accused Twinkle. Sh. Nalin Vinayak Gupta, ld. Counsel for the applicant/ accused Sachin Kumar. Sh. Fahad Malik and Sh. Kunal Sharma, ld. Counsel for the applicant/accused Mohit Nangiya. Sh. Yogesh, ld. Counsel for the applicant/accused Sunil Kumar Nishad. 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 FIR No. 06/2024, PS ACB Page 2 of 6 -- 2 of 6 -- investigating agency and have joined investigation as and when directed. It is further stated by ld. Counsel that applicant/accused Sachin Kumar @ Sachin Aggarwal 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 urged that vide orders dated 01.05.2025 and 03.05.2025 seventeen 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. Per contra, 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 except applicant/accused Sachin Kumar, applicants/accused persons used illegally obtained Pharmacist Certificates in getting employment in chemist shops. It is prayed that all the bail applications of the FIR No. 06/2024, PS ACB Page 3 of 6 -- 3 of 6 -- abovesaid applicants/accused persons are liable to be dismissed. 3. I have heard ld. Counsel for the parties and perused the replies 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 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 applicant/accused Sachin Kumar was not associated with any chemist shop/firm either as an employee or as a owner, however, remaining applicants/accused persons were employed with a chemist shops/firms 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 FIR No. 06/2024, PS ACB Page 4 of 6 -- 4 of 6 -- 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 seventeen 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 applicants/accused persons is almost concluded, I deem it fit to allow the present bail applications. Accordingly, applicants/accused persons namely Lalit Kumar Rajora, Tushar, Vikas Gupta, Anshul, Twinkle, Sachin Kumar @ Sachin Aggarwal, Mohit Nangiya and Sunil Kumar Nishad 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 eight bail applications stand disposed off. FIR No. 06/2024, PS ACB Page 5 of 6 -- 5 of 6 -- 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. 05.05.2025 FIR No. 06/2024, PS ACB Page 6 of 6 -- 6 of 6 --
