JUDGMENT

S.K. SAHOO, J. - The petitioners have filed the above mentioned applications under Section 439 of Cr.P.C. seeking for bail in connection with Aska P.S. Case No. 84 of 2016 in which they have been charge sheeted under Sections 302, 307, 120-B read with Section 34 of the Indian Penal Code. The said case corresponds to G.R. Case No.180 of 2016 pending in the Court of learned J.M.F.C., Aska.

2. One Ashok Kumar Gouda of village Karnoli lodged the first information report before the Inspector in charge of Aska police station on 07.04.2016 stating therein that on 06.04.2016 at about 9.15 p.m. while his brother Jitendra Gouda (hereafter ‘the deceased’) was returning from Aska in a motor cycle with co-villager Jitendra Bisoi near Pataliguda village square, covillager Ranjit Swain came in a truck driving it rashly and negligently and dashed against the motor cycle from the backside in order to kill the motorcyclists as a result of which the deceased died at the spot and Jitendra Bisoi sustained grievous injuries and he was hospitalized at Vishakhapatnam and fighting for life. It is stated that due to previous enmity, accused Ranjit Swain along with others attempted to kill the deceased and Jitendra Bisoi in a pre-planned manner after entering into criminal conspiracy. It is further stated that on 06.04.2016 at about 2.00 p.m. accused Ranjit Swain had threatened the informant to kill the deceased as well as Jitendra Bisoi.

On the basis of such first information report, Aska P.S. Case No.84 of 2016 was registered on 07.04.2016 under Sections 302/307 of the Indian Penal Code against accused Ranjit Swain.

3. Another case was instituted in connection with the incident on the first information report submitted by Sri Moheswar Behera, A.S.I. of Police, Aska police station vide Aska P.S. Case No. 82 of 2016 on 07.04.2016 for offences under Sections 279, 337, 338, 304-A of the Indian Penal Code against the driver of a truck bearing registration no. OR-15 J-1047 and the said case after investigation was returned as ‘mistake of fact’.

4. During course of investigation of Aska P.S. Case no.84 of 2016, it was found that on 06.04.2016 Jitendra Bisoi had been to his pesticide shop located at Bani Bihar, Aska and after closing the shop, he along with his co-villagers and the deceased were returning in four motor cycles to their village in the night and the deceased was the pillion rider in the motor cycle driven by Jitendra Bisoi. On the way under a overbridge at Palli Chhak, Jitendra Bisoi stayed for a while and after meeting a person, all of them again proceeded towards village Karnoli and at that time co-accused Ranjit Pradhan was found present under the overbridge. It revealed during course of investigation that the said accused Ranjit Pradhan immediately intimated the departure of the Jitu Bisoi and the deceased in a motor cycle to co-accused Kalia Swain @ Bonda over phone who along with petitioner Sankar Swain waited at Kalasandhapur Chhak in front of a rice mill with a ten wheeler truck bearing registration no.AP 16-TW-6021 of co-accused Ranjit Pradhan to kill Jitu Bisoi and the deceased Jitendra Gouda. When the injured with the deceased crossed the rice mill in their motor cycle bearing registration no. OR-07 Y-9887, co-accused driver Kalia Swain @ Bonda Kalia and the petitioner helper Sankar Swain followed them in the truck and dashed the truck against the motor cycle from its back in a high speed intending to kill the motorcyclists. The deceased died at the spot and Jitendra Bisoi received grievous injuries. The injured Jitendra Bisoi was treated at Seven Hill Hospital, Vishakhapatnam and after his discharge, his statement was recorded. Seven eye witnesses namely Bichitra Bisoi, Bijaya @ Bulu Bhuyan, Sibaram Bhuyan, Dibakar Bisoi, Dasarathi Swain, Hambala @ Sibaram Bhuyan and Achuta Swain gave their statements narrating the manner in which the occurrence had taken place. The petitioner Sankar Swain was arrested on 25.05.2018 and