1 S.B.Cr.Misc. Bail App. No.4030/2007 (Smt. Indra Samar vs State of Rajasthan) Date of order : August 24, 2007 HON'BLE MR.H.R.PANWAR,J. Mr.Deelip Kawadia, for the petitioner. Mr.Vishal Raj Mehta, Public Prosecutor. Mr.Sanjay Mathur, for the complainant. Heard learned counsel for the petitioner and the Public Prosecutor for the State assisted by the counsel for the complainant. Perused the order impugned as well as the police investigation diary. It is contended by the learned counsel for the petitioner that the occurrence is of 26.7.2007 and thereafter the student went to play the football on the same day and while playing the football, he fell down and was taken to the hospital and subsequently, he succumbed to the injuries on 2.8.2007 almost after seven days of alleged occurrence. Learned counsel for the petitioner has placed on record a copy of bed-head ticket, wherein the father of the deceased himself stated to the medical authorities that patient was beaten by the school teacher and 2 thereafter he went outside for playing the football and while playing the football, he complained of pain in left side of the chest and on this complaint, he was got admitted to the hospital and ultimately he died on 2.8.2007. It is contended by the learned counsel for the petitioner that the cause of death is not attributed to any injury alleged to have been caused by the petitioner, at best, while playing the football, the deceased fell down and suffered injuries. Be that as it may, the fact remains that after the school time, the deceased went for playing football and fell down, he suffered pain in left side of the chest and on this complaint, he was got admitted to the hospital and after some days he died. Without commenting on the merit of the case, which may prejudice the case of either party at the trial, having regard to the facts and circumstances of the case, I consider it just and proper to enlarge the accused petitioner on bail. Accordingly, the bail application filed under Sec. 439 Cr.P.C. is allowed and it is directed that petitioner Smt. Indra Samar w/o Navneet Kumar Samar be released on bail in FIR No.243/2007, P.S. Goverdhan Vilas, Distt. Udaipur provided she furnishes a personal bond in a sum of Rs.20,000/- with two 3 sound and solvent sureties in the sum of Rs.10,000/- each to the satisfaction of learned trial court for her appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (H.R.PANWAR),J. m.asif/-