Final Order 2

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF DEEPALI SHARMA :
SPECIAL JUDGE: (PC ACT): (ACB-01):
RACC: NEW DELHI
CNR No. DLCT11-000528-2025
Bail Matter No. 168/2025
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
Kuldeep Singh Vs State
02.06.2025
This is third regular bail applications u/s 483 BNSS,
2023, moved on behalf of applicant/accused Kuldeep Singh S/o Sh.
Jai Bhagwan Singh.
Pr.: Sh. Sukhbeer Singh, Ld. Chief P.P. for the State.
Sh. Kanhaiya Singhal and Sh. Rishabh Bhardwaj, ld.
Counsels for the applicant/accused.
Insp. Sandeep 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 third bail application of the
applicant/accused and his first bail application was withdrawn vide
order dated 17.04.2025 and the second bail application was also
dismissed as withdrawn vide order dated 08.05.2025. It is urged that
applicant/accused has clean antecedents. It is urged that the
applicant/accused had neither produced nor prepared any forged
documents pertaining to this case nor received any money from
anyone. It is urged that no recovery has been made from the
applicant/accused and nothing required to be recovered from him and
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as such he is not in a position to influence any investigation. It is
urged that the evidence in the present case is documentary in nature
and has already been seized by the IO and thus there is no likelihood
of tampering with evidence or influencing any witness. It is argued
that section 467 IPC is not attracted against the accused as the
applicant/accused is not the maker of the alleged forged documents. 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 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 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 the applicant/accused was Registrar, Delhi Pharmacy
Council w.e.f. 17.03.2020 to 25.09.2023 and was involved in fake
registration in online process with DPC, in connivance with prime tout
i.e. co-accused Sanjay. It is stated that he has done registration of
several candidates who had applied twice i.e. had 2 user IDs and in
several instances, double sets of certificates were uploaded which
were also approved by the applicant/accused knowing that some of
them are fake. It is further stated that he did not leave his official
charge despite roll back order dated 16.08.2023 and continued
registration process till his suspension on 25.09.2023.
Applicant/accused had thus facilitated numerous fake registrations
with the Delhi Pharmacy Council. It is urged that CDRs analysis of
tout accused Sanjay also shows common location with the
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applicant/accused. 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
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, 44 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 44 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
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the charge-sheet is stated to take time, applicant/accused Kuldeep
Singh 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
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/02.06.2025
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