(1.) The instant application is filed by Sri Tonya Ori, father of the accused Niyali Ori, for granting bail to the accused, who was arrested on 22.10.2009 in connection with Gensi PS case No. 09/09 under Sections 392/302/341/34 IPC read with Section 25/27 of the Arms Act.
(2.) The prosecution case in short is that one Md. Tahir Khan lodged an FIR before the O/C, Basar Police Station alleging, inter alia, that on 16.10.2009 at around 22:30 his., two unidentified persons covering their faces with clothes and armed with sophisticated weapons stopped a vehicle namely, Tata Mobile No. AS 22B-0224 on BRTF road near Ganesh Mandir, Garu, which was coming from Likabali. They dragged out the driver of the said Tata Mobile and shot him on his forehead at point blank range killing him on the spot. They also looted away Rs. 400/-from the informant and also beat him up causing injury. The said information of Md. Tahir Khan was registered as P.S. Case No. 09/09. The police after investigation arrested the present accused along with the two other main accused persons.
(3.) Heard Mr. K. Ete, learned Counsel for the Petitioner as well as Mr. N. Lowang, learned pp for the State.