Vipin Sinha, J. - (1.) Supplementary affidavit as well as two rejoinder affidavits filed in Court today, are taken on record.
(2.) Heard Sri Manan Kumar Misra, Senior Advocate assisted by Sri Rajeev Misra, Ms. Anjul Dwivedi and Sri Sai Girdhar Dwivedi, learned counsel for the applicant, Smt. Chandra Kala Chaturvedi and Ms. Manisha Chaturvedi, learned counsel for the complainant/informant and Sri Amit Mishra, learned counsel for the C.B.I.
(3.) The present bail application has been filed by the applicant in case R.C. No. 6(s)/2015/SCU.V (CBI v. Aman Mani Tripathi) , under Sections 498A, 302, 120B IPC police station Sector II/CBI New Delhi with the prayer to enlarge the applicant on bail. The contention as raised at the Bar by Sri Manan Kumar Misra, learned Senior counsel for the applicant is to the effect that the present applicant had entered into a marriage with the deceased, namely, Smt. Sara Singh sometime in July, 2013 and they had planned for a trip to New Delhi/Leh by road and while on the road trip by car, they met with an accident on 9.7.2015 and in the said incident, the wife Sara was badly injured and while she was being taken to the hospital, she expired and she was declared brought dead by the District Hospital, Firozabad. It is further contended that the death of the girl took place on account of the said accident and the factum of the accident is not being disputed by any of the parties even though the manner of the accident is being disputed. It is also contended that the applicant is in jail since 25.11.16 and in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail. Sri Misra, learned senior counsel for the applicant has vehmentaly contended that there is no evidence whatsoever which may show the participation of the applicant as per the role which has been assigned by the CBI and as per the postmortem report, the cause of death is due to injuries received in the said accident and there is no reason to doubt the said postmortem report even otherwise there is not a single witness who may show that the applicant has even indulged any such conduct or behaviour as has been mentioned in paragraph no. 11 to the counter affidavit filed on behalf of the CBI. It has also been contended that before the date of accident no complaint whatsoever was lodged by the family members of the deceased against the applicant.;