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. DLCT11-000424-2025
Bail Matter No. 123/2025
State Vs Mintoo Kumar Pandey
CNR No. DLCT11-000425-2025
Bail Matter No. 124/2025
State Vs Manjeet Dabas
CNR No. DLCT11-000428-2025
Bail Matter No. 127/2025
State Vs Ravinder Shehrawat
CNR No. DLCT11-000430-2025
Bail Matter No. 129/2025
State Vs Raj Kumar Thakran
CNR No. DLCT11-000433-2025
Bail Matter No. 130/2025
State Vs Hemant Kumar
07.05.2025
Vide this order I shall dispose of five regular bail
applications u/s 483 BNSS, 2023, moved on behalf of
applicants/accused persons namely (1) Mintoo Kumar Pandey, s/o
Subedar Pandey; (2) Manjeet Dabas, s/o Satvir Singh; (3) Ravinder
Shehrawat, s/o Satya Narayan; (4) Raj Kumar Thakran, s/o Rajender
Thakran and (5) Hemant Kumar, s/o Sughad Singh.
Pr.: Sh. Sukhbeer Singh, Ld. Chief P.P. for the State.
Sh. Ashish Pandey, ld. Counsel for the applicant/
accused Mintoo Kumar Pandey.
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Sh. Jwala Singh, ld. Counsel for the applicants/accused
persons namely Manjeet Dabas and Ravinder
Shehrawat.
Sh. Jaydeep Pati, ld. Counsel for the
applicant/accused Raj Kumar Thakran.
Sh. Anuj Jain, ld. Counsel for the applicant/accused
Hemant Kumar through VC.
IO/ACP Jarnail Singh.
Separate replies filed by the IO.
1. It is observed that today another bail application of the
applicant/accused Hemant Kumar bearing Bail Matters No. 122/2025
is also listed for consideration. Ld. Counsel for applicant/accused
submitted that he has been engaged by the applicant/accused to pursue
his present bail application. None appeared on behalf of
applicant/accused Hemant Kumar to pursue Bail Matters No.
122/2025. Accordingly, said bail application no. 122/2025 is
dismissed for non-prosecution.
2. 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. 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, 03.05.2025, 05.05.2025 and 06.05.2025
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twenty eight 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.
3. 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 the
applicant/accused Mintoo Kumar Pandey used illegally obtained
Pharmacist Certificate for getting employment in a firm while
remaining four applicants/accused persons used illegally obtained
Pharmacist Certificates in opening medical firms. It is prayed that all
the bail applications of the abovesaid applicants/accused persons are
liable to be dismissed.
4. I have heard ld. Counsel for the parties and perused the
replies filed by IO.
5. 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
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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.
6. 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 co-accused persons 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 on the basis of illegally obtained Pharmacist Certificates,
applicant/accused Mintoo Kumar Pandey got employment in a firm
while remaining four accused persons opened firms and Drugs
Control Department has issued show cause notices to said
firms/medical stores and presently said firms have either been closed
or stopped sale – purchase of drug items.
7. 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.
8. 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 twenty eight 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
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allow the present bail applications. Accordingly, applicants/accused
persons namely Mintoo Kumar Pandey, Manjeet Dabas, Ravinder
Shehrawat, Raj Kumar Thakran, and Hemant Kumar 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.
9. Accordingly, all five bail applications stand disposed
off.
10. 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.
07.05.2025
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