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
CNR No. DLCT11-000497-2025
Bail Matter No. 157/2025
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 Ajay Saini
30.05.2025
This is second regular bail applications u/s 483 BNSS,
2023, moved on behalf of applicant/accused Ajay Saini s/o Late Sh.
Amar Singh Saini.
Pr.: Sh. Sukhbeer Singh, Ld. Chief P.P. for the State.
Sh. Vipin Kumar Saini and Sh. Rohit Saini, ld. Counsel
for the applicant/accused.
Insp. Krishan Kumar on behalf of IO/ACP Jarnail Singh.
Reply of IO filed. Copy supplied.
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. It is urged that this is second bail application of the
applicant/accused and his first bail application was withdrawn vide
order dated 06.05.2025. It is urged that applicant/accused has clean
antecedents and sole breadwinner of his family consisting of 80 years
old aged mother. It is urged that applicant/accused is suffering from
chronic medical conditions including hypertension, diabetes, thyroid
and sciatica. It is urged that the applicant/accused is not involved in
direct or indirect role in the preparation, submission or use of any
forged/fake document or any monetary transactions relating thereto. It
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is urged that no recovery has been made from the applicant/accused
and nothing required to be recovered from him and as such he is not in
a position to influence any investigation. 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 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. Per contra, it is argued by ld. Chief P.P. for the State that
the allegations against the applicant/accused are grave in nature. It is
stated that investigation indicated that the applicant/accused was
acting as a co-tout and was involved in fake registration in online
process with DPC, in connivance with prime tout i.e. co-accused
Sanjay. Applicant/accused had facilitated fake registration of accused
Pharmacists namely Aman Bansal, Ravi Kumar Soni and Karan
Arora. It is urged that CDRs analysis of tout accused Sanjay also
shows his complicity with him. The applicant/accused took money in
cash from accused Pharmacists and thereafter shared it 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
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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 reply filed by the IO, 40 co-accused persons have
already been granted bail in this case. Reply of IO does not mention if
anything incriminating is required to be recovered at the instance of
the applicant/accused. IO submits that further custody of the
applicant/accused is not required for the purpose of investigation. IO
also stated that investigation in this case is still in progress and as such
filing of charge-sheet in this case will take time.
6. Considering the aforesaid submissions, period of JC, the
fact that no recovery is required to be affected from the
applicant/accused; the fact that 40 co-accused person have already
been granted bail in this case and investigation in the present case qua
the applicant/accused is almost concluded and the fact that filing of
the charge-sheet is stated to take time, applicant/accused Ajay Saini 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
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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
applicant/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/30.05.2025
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