Final Order 2

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
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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
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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
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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
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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.
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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
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