Unfortunate That The Properties Of Religious And Charitable Institutions Are Being Usurped By Criminals: Allahabad High Court

While dismissing his bail plea, the Bench of Justice Dinesh Kumar Singh observed,

"It is unfortunate that the properties of religious and charitable institutions are being usurped by criminals."

The matter before the Court

A regular bail application under Section 439 Cr.P.C. was filed by one Bharat Das seeking bail in FIR No.0584 of 2019, under Sections 406, 419, 420, 467, 468, 471, 506 IPC.

Facts in brief

The complainant in the matter one Mahant Sarvarakar (Jere-Intejaamkaar) of the Math and is responsible for taking care of and managing properties of the Math and securing interest of the Math.

He claimed that he was declared the successor of Mahant Parmeshwar Das in the year 2002 and a Division Bench of Allahabad High Court, in the year 2016, declared him to be the legal heir and successor of Mahant Parmeshwar Das

Further, he claimed in his complaint that many imposters claiming to be Mahant of the Math in connivance with the land mafias have sold several properties and land of the Math illegally without taking permission from the District Magistrate.

It was further alleged that the accused-applicant (Bharat Das), by presenting himself as Mahant of Math, had been involved in selling the properties of the Math illegally and fraudulently to the land mafias.

Several instances of the cases pending against the accused-applicant were been given in the complaint.

Thereafter, based on his complaint, an FIR was registered stating the accused by using false and fabricated documents illegally bought and sold the property of the Math by threatening the complainant.

Arguments put forth by the Accused

The Counsel for the accused-applicant submitted before the Court he succeeded as Jere-Intejaamkaar of the Math after the demise of Mahant Ramji Das and that he is the jere-intejaamkaar of the properties of the land in question to date.

It was further stated that Mahant Parmeshwar Das had executed a declaration deed declaring that the complainant was a dishonest person and wanted to usurp land and properties of Math and that the complainant was not the chela of Mahant Parmeshwar Das as claimed by him.

It was further submitted that the land sold by him was for the purposes of maintaining the Math and for better management of the properties.

Lastly, it was submitted that the accused-applicant himself is grabbing the property of Math and he wants to put the present accused-applicant aside and, therefore, false cases are being instituted against him.

On the other hand, the AGA submitted before the Court that it has come in the investigation of the offence that the applicant, fraudulently, after preparing forged and fabricated documents, had been selling the properties of the Math by presenting himself as Mahant of the Math whereas he has no right to sell the properties.

Court's observations

The Court, in its order, observed that despite the order passed by the High Court in the writ petition filed by Parmeshwar Das (in which stay was granted regarding disposing of the land of the Math) the accused-applicant got registered a forged trust deed namely, Thakur Ji Maharaj Trust and showing his members as a disciple (chela) and declared him as treasurer.

Further, he started transferring entire money of the Math and executed several sale-deeds fraudulently on the basis of forged and fabricated documents in favour of the land mafias and that there are sufficient evidence against him for committing the offence.

The Court took into account 15 cases which have been found against the accused and investigation is on in respect of other cases.

Thus, the Court remarked,

"Looking at the long criminal history of the accused-applicant and his involvement in the commission of the offence i.e. selling property of the Math by the accused-applicant in active connivance with the land mafias without any authority or competence is a serious offence."

Therefore, the Court did not find any ground to release the accused-applicant on bail and his bail application was thereby rejected.

Case title - Bharat Das @ Ram Newaz Singh v. State of U. P. [BAIL No. - 8577 of 2020]

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