A person declared as an absconder/proclaimed offender in terms of Section 82 of the Code is not entitled to the relief of anticipatory bail.

JUDGMENT :

1. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the first informant.

2. The present application under Section 438 Cr.P.C. has been filed by the applicant seeking anticipatory bail apprehending arrest in Case Crime No. 460 of 2017, under Sections-419/420/467/468/471 IPC, Police Station Jaswant Nagar, District Etawah.

3. Learned counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in the present case. Learned counsel further submits that as per the allegations in the FIR that the first informant is the owner and in actual physical possession over the Araji Gata No. 151/1 measuring area 0.5320 hectare out of 2.3960 hectare situated at Mauja Rajmau, Tehsil-Jawant Nagar, Etawah and her name is duly recorded in the Revenue Records. With intention to grab her property, the applicant has executed an agreement to sale to one anonymous lady Prabha Devi, W/o Ramchandra and thereafter on 21.4.2017, he has executed sale deed in her favour and as such, on the basis of forged and fictitious sale deed the applicant wanted to grab the property of the first informant.

4. The counsel for the applicant further submits that the whole prosecution story is totally false and concocted. The applicant purchased the land from one Prabha Devi, W/o Ramchandra after verifying the revenue records. The first agreement to sale was executed between the parties till then there was no dispute raised by anyone with regard to the property in question. At present, the applicant is in actual physical possession of the property in question and when she started to raise construction thereon for her hospital, the first informant demanded hush money. The first informant is a prominent lady and was the Village Pradhan of the erstwhile session and when the applicant refused to do so, then the first informant lodged the FIR on the basis of false and fictitious grounds with allegations that the sale deed was executed through impersonation. It is further submitted that the actual name of the first informant is Kanthsri @ Prabha Devi, W/o Ramchandra @ Rambabu. Thereafter the first informant filed civil suit for cancellation of sale deed of the property in question by means of Original Suit No. 433/2017 which is pending before the Civil Judge (J.D.), Etawah. In fact, the applicant herself subjected to a fraud committed by the first informant herself against which the applicant herself lodged an FIR registered as case crime no. 484/2017, U/s 420/406/467/468 against the first informant and others on 2.7.2017.

5. The learned counsel for the applicant further submits that the applicant is the bonafide purchaser. Earlier after filing of the charge-sheet against the applicant, she approached this Court by means of Application U/s 482 CrPC No. 25709 of 2019 which is still pending before this Court and till today no interim order has been passed and ultimately, the applicant moved the anticipatory bail application before the sessions court concerned but the same was duly rejected. It is further submitted that during course of investigation, the applicant has been protected from arresting till filing of charge-sheet by a coordinate bench of this Court passed in Crl. Misc. Writ Petition No. 19374 of 2017 vide order dated 18.9.2017. There is civil dispute between the parties. During course of investigation, the applicant fully cooperated with the investigation. But the Investigating Officer without collecting any cogent and credible evidence submitted the charge-sheet against the applicant. It is further submitted that proceedings U/s 82 CrPC was initiated against the applicant in a routine manner. The applicant is ready to cooperate with the trial.

6. The learned counsel for the applicant further submits that insofar as the maintainability of the anticipatory bail after issuance of process U/s 82 CrPC is concerned, the counsel for the applicant relies upon the judgement of this