by Maharaja Pratap Narayan Singh in favour of Chaubey Bhal Chand Mukatiya, thereafter Sri Gopal Chaubey who is son of Chaubey Bhal Chand Mukatiya had executed a will in the name of Draupadi Devi who is his wife, documents regarding which is annexed at page nos. 21-22 of the paper book, thereafter Draupadi Devi had executed a power of attorney in favour of co-accused, Vidya Sagar Pathak who is husband of the accused applicant, documents regarding which are annexed at page nos. 27 to 29 of the paper book, thereafter Draupadi Devi had transferred the ownership rights of the said property to the accused applicant, Kamla Pathak by will dated 9.11.1990, documents regarding which are annexed at page nos. 31-36 of the paper book. Further he has drawn attention of the Court towards the address of the applicant which is shown from the Voter I.D. issued by Election Commission of India, Electricity Supply Bill, Ration-Card and the receipts of payment of House-Tax of the concerned property, document regarding which are annexed at page no. 38, 40 and 43 of the paper book. On the basis of these documents, it is argued that applicant was owner of the said property who had earlier executed an agreement to sell on 20.11.2014 in favour of Inder Singh and others. On 14.08.2019, applicant had executed an agreement to sell in favour of Dhanendra Pal, Mithilesh Kumar Singh and Sunil Singh @ Ajay (all the co-accused named in the F.I.R.). It is further argued that no execution of sale was made in pursuance to this agreement of sale rather the money which was advanced, has been returned which is clear by the observation made by this Court passed on 10.02.2016 in Application under Section 482 Cr.P.C. No. 3713 of 2016, fact regarding which is mentioned in para 5 of the Supplementary-Affidavit. It is next submitted that in respect of same property, he has executed another agreement to sell in favour of the accused, Dharmendra Pal Singh, Sunil Singh and Mithilesh Kumar Singh and it is emphasized by him that applicant had full right to sell no cheating has been committed by her as alleged by O.P. No. 2. She has no criminal history. If released on anticipatory bail, she would cooperate with the investigation.
