RAVI KUMAR NIGAM Vs. STATE

JUDGEMENT

(1.) These are two applications under Section 438 Cr.P.C. for anticipatory bail moved by the petitioners, who are. inter alia,alleged to have trespassed into a portion of property No. 17, Darya Ganj,New Delhi and against whom First Information Report has been registeredunder Sections 420/468/471/448 IPC.

(2.) The allegations, relevant for the disposal of the petitions, brieflystated are an under :

(3.) The Baptist Union of North India (for short 'BUNI') which isaffiliated to the Baptist Church Trust Association, Calcutta (for short'BCTA'), was founded in the year 1947 and has been managing and administering the properties of the latter in North India. Property No. 17, DaryaGanj is one of the properties said to be belonging to 'BCTA.. On 6/12/1976 BUNI headed by Dr. David Walter was registered with the Registrarof Societies under the Societies Registration Act. 1860. On 3/01/1991another body, namely, the original Baptist Union of North India (for short'OBUNI') beaded by Shri S. Prasad was registered as a society by theRegistrar of Societies under the Societies Registration Act, 1860. On 1/01/1991 two separate rent deeds in respect of a flat and open space on theground floor of 17. Darya Ganj, New Delhi were executed in favour of eachone of the petitioners by Shri S. Prasad and Shri P.N. Prem, representingthemselves as President and Secretary respectively of BUNI. These rentagreements are alleged to have been forged and fabricated by the petitionersin connivance with Shri S. Prasad and other office bearers of OBUNI. Aperusal of the copies of the deeds reveal that each of the petitioners was tohold his portion of the demised property for a period of five years from the1st day of January. 1991 @ rental of Rs. 500.00. Both the rent agreementscontain identical terms and recite that "BUNI" is an affiliated body ofBCTA, a body incorporated under the Indian Companies Act with itsregistered office at Calcutta. The deeds also state that BCTA is the owner ofthe said property.