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
CNR No. DLCT11-000458-2025
Bail Matter No. 143/2025
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
State Vs Jai Kishore Poddar
24.05.2025
This is regular bail applications u/s 483 BNSS, 2023,
moved on behalf of applicant/accused Jai Kishore Poddar, s/o Sh.
R.S.Poddar.
Pr.: Sh. Sukhbeer Singh, Ld. Chief P.P. for the State.
Sh. Brij Shankar Yadav and Sh. Juber Ahmad, ld.
Counsel for the applicant/accused.
IO/ACP Jarnail Singh.
Reply already filed by the IO.
1. Ld. counsel for applicant/accused prays for grant of
regular bail on the ground that he is innocent and has been falsely
implicated in this case on the basis of disclosure statements of co-
accused persons. He has co-operated with the investigating agency
and has joined investigation as and when directed. It is further stated
that the applicant/accused had neither procured nor prepared any
forged documents pertaining to this case nor received any money from
anyone. It is urged that neither any incriminating material was
recovered at the instance of applicant/accused nor any recovery is
required to be affected from him and as such he is not in a position to
influence any investigation as the evidence qua him is entirely based
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on disclosure statement of co-accused persons. It is argued that
section 467 IPC is not attracted in the present case as the
applicant/accused is not the maker of the alleged forged documents. It
is urged that co-accused persons, whose roles are similar to the role of
present applicant/accused, have already been granted bail in this case
and hence, applicant/accused seeks bail on the ground of parity also.
It is stated that the applicant/accused is in JC since 03.04.2025 and no
purpose would be served by keeping the applicant/accused behind
bars. It is stated that the applicant/accused is the sole bread earner of
his family including wife, three school going children and aged
parents. It is urged that applicant/accused is 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 applicant/accused 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 applicant/accused are grave in
nature. It is further stated that applicant/accused acted as a co-tout
and he in connivance with prime accused Sanjay remained involved in
fake registration of co-accused Pharmacist namely Hemant Kumar in
online process and had taken money in cash from co-accused Hemant
Kumar, which he shared with prime tout accused Sanjay. It is prayed
that bail application of the applicant/accused is 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
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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.
5. As per reply filed by the IO, the applicant/accused acted
a co-tout and in connivance with the main tout accused Sanjay, he
facilitated fake registration of co-accused Pharmacist namely Hemant
Kumar and he had taken money in cash in this illegal dealing and had
shared the money with prime tout accused Sanjay.
6. Considering the aforesaid submissions, period of JC and
the fact that no further recovery is required to be affected from the
applicant/accused and the fact that the investigation in the present case
qua the applicant/accused is almost concluded, applicant/accused Jai
Kishore Poddar s/o R.S.Poddar is admitted to bail on his furnishing a
personal bond in the sum of Rs. 50,000/- with one surety in the like
amount subject to following conditions :
(i) That applicant/accused shall join investigation with
the IO/SHO concerned as and when required;
(ii) That applicant/accused 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 applicant/accused shall not misuse the liberty
of bail by indulging in commission of similar or any
other offence in future;
(iv) That applicant/accused shall not leave the country
without prior permission of the Court;
(v) That applicant/accused shall intimate the IO/SHO
concerned in case of change of his address.
7. Accordingly, bail application stands disposed off.
8. Copy of order be given dasti to the ld. Counsel for the
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accused and IO. Copy of this order be also sent to the Superintendent
Jail concerned.
( Deepali Sharma )
Special Judge, PC Act(ACB-01)
RACC, New Delhi/24.05.2025
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