same was rejected as per order dated 11.09.2019 relying on the statement of two eye witnesses, namely, Dillip Behera and Gaya Bhoi and liberty was granted to the petitioner to renew the prayer for bail after examination of the aforesaid two eye witnesses. It is further submitted that in the meantime, the trial has commenced and the eye witness Dillip Behera has been examined as P.W.8, who has not supported the prosecution case and was declared hostile. Learned counsel further submitted that so far as the eye witness Gaya Bhoi is concerned, the said witness has not seen the first part of the assault on the deceased and in his statement he has stated that when he came to the spot, he found the deceased lying on the ground with bleeding injuries on his ear and then the deceased was shifted in a trolley of the tractor and while so proceeding in the tractor, on the way the petitioner assaulted the deceased on the head in the trolley of the tractor itself. Learned counsel further submitted that the deceased has sustained number of injuries on different parts of the body including one incised wound on the face and the cause of death has been opined to be asphyxia due to blunt trauma to anterior aspect of the neck. It is further submitted that there is no material on record that the petitioner is responsible for the cause of injuries and since there is no chance of tampering with the evidence particularly when the two eye witnesses have already been examined and taking into account the period of detention of the petitioners in judicial custody, the bail application may be favourably reconsidered.
