Judgment

B.N. MAHAPATRA, J.

This petition has been filed under Section 439, Cr. P.C. with a prayer to release the petitioner on bail in connection with S.T. Case No.21/19 of 2011, now pending in the Court of learned Ad hoc Additional Sessions Judge, FTC, Puri corresponding to G.R. Case No.1242 of 2007 arising out of Puri Town P.S. Case No.250 of 2007.

2. The petitioner is alleged to have committed offences punishable under Sections 302/294/34, I.P.C. read with Sections 25 and 27 of the Arms Act.

3. Prosecution case, in brief, is that one Ajaya Kumar Sarangi @ Hati was killed by gun shot on 30.08.2007 at 9.30 P.M. at Lions’ Gate of Lord Jagannath Temple, Puri by the petitioner and other accomplices. The informant, who is the elder brother of the deceased, immediately, shifted the deceased to Puri Hospital in police mobile van for medical treatment and due to the critical condition, the victim was referred to S.C.B., Medical College and Hospital, Cuttack. On the way to Cuttack, the deceased succumbed to the injuries. Then the informant-Uttam Kumar Sarangi lodged an FIR and after investigation charge sheet was submitted showing the petitioner as absconder and subsequently, he was produc