JUDGMENT

S.K. Sahoo, J. - This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. This is an application under section 439 of Cr.P.C. in connection with Gangapur P.S. Case No.182 of 2020 corresponding to S.T. Case No. 49 of 2020 pending in the Court of learned Addl. Sessions Judge, Aska for offence punishable under section 302/34 of the Indian Penal Code.

4. The petitioner moved an application for bail before the Court of Addl. Sessions Judge, Aska, which was rejected on 12.04.2022.

5. During course of argument, learned counsel for the State submitted that even though the two eye witnesses, namely Jitendra Gouda (P.W.2) and Laxmi Swain (P.W.6) have not supported the prosecution case, but the informant Pitabas Gouda being examined as P.W. 8 stated about the dying declaration of the deceased Pintu @ Krutibasha Gouda, who was his brother and in the dying declaration, the deceased has specifically named the petitioner and one Surendra Dakua along with seven to eight others to whom he could not identify due to darkness, to be his assailants.

6. When a query was made to the learned