S.N.H.ZAIDI,J. - (1.) COUNTER -affidavit filed by the learned A.G.A. is taken on re­cord.
(2.) HEARD learned Counsel for the ap­plicant, learned A.G.A. for the State and perused the record. It has been contended that the ap­plicant and four others have been assigned the general role of beating the deceased in the F.I.R. but the complainant is not the eye-witness of the incident and the alleged eye-witness Smt. Phoolmati has not as­signed any specified role to the applicant. It is also contended that neither in the re­port nor in the statement of the witnesses any weapon has been assigned to the ap­plicant and co-accused Manna lal Pasi, Ram lal and Rajeshwari, who are similarly placed with the applicant have been admit­ted to bail by this Court as well as by the Sessions Court. It is pointed out that appli­cant is in Jail since 27.2.2009 and he has no criminal history.
(3.) LEARNED A.G.A. has, however, op­posed the bail. The points pertaining to the nature of accusation, severity of punishment, reason­able apprehension of tampering the wit­nesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. ;