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. DLCT11-000530-2025
Bail Matter No. 169/2025
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
Sanjay Kumar Vs State
02.06.2025
This is second regular bail applications u/s 483 BNSS,
2023, moved on behalf of applicant/accused Sanjay Kumar S/o Sh.
Vijay Kumar.
Pr.: Sh. Sukhbeer Singh, Ld. Chief P.P. for the State.
Sh. Sahil Bhardwaj and Ms. Nishtha, 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 second bail application of the
applicant/accused and his first bail application was withdrawn vide
order dated 14.05.2025. It is urged that applicant/accused has clean
antecedents and he is the sole breadwinner of his family comprising
aged parents, wife and two minor children. 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 applicant/accused was main tout who remained involved in
fake registrations in online process in connivance with co-accused
Registrar and officials of colleges who had provided verification
reports qua fake documents pertaining to diploma holders. It is further
stated that large number of accused pharmacists had disclosed name of
the applicant/accused which was corroborated by other evidence. It is
further urged that he had offered and lured large number of persons
from different parts of Delhi to seek fake D. Pharma certificate against
payment and the applicant/accused provided them forged/fake
certificates which were created by co-accused Neeraj. It is further
stated that applicant/accused had signed large number of fake
documents on different columns and his specimen writing/signatures
were obtained. It is also stated that CDRs analysis also connects the
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applicant/accused with the offence in issue. It is thus 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 Sanjay
Kumar 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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