IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MPs(M) No.418 & 419 of 2009 Decided on: June 16, 2009 Cr.MPM No.418/2009 Kamlesh Kumari ......Petitioner. VERSUS State of H.P. ......Respondent. Cr.MPM No.419/2009 Shankar Dass ......Petitioner. VERSUS State of H.P. ......Respondent. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner(s) : Mr. Rakesh Dogra, Advocate. For the Respondent : Mr. Ramesh Thakur, Assistant Advocate General. Surjit Singh, J (Oral) This order is to dispose of two bail applications, i.e. Cr.MPs(M) No.418 & 419, both of 2009, filed, under Section 439 of the Code of Criminal Procedure. Applicants in these two applications are the father-in-law (Shankar Dass, applicant in Cr.MP(M) No.419 of 2009) and mother-in-law (Kamlesh Kumari, applicant in Cr.MP(M) No.418 of 2009) of Asha Devi, whose marriage with a son of the applicants had taken place sometime in the year 2007. 2. On 5th April, 2009, the applicants allegedly administered two tablets of a poisonous substance to Asha Whether the reporters of the local papers may be allowed to see the judgment? ...2... Devi, forcibly. They then tried to confine her in a room so that she could not raise any hue and cry and also she died in confinement. Somehow or the other, she managed to get out of the clutches of the applicants and went to her brother-in- law, at a place called 32 Kms. Point, by walking for 2-3 kms. She was then rushed to the Government Medical College-cum- Hospital at Tanda. There she was admitted. Medical examination was conducted. She was conscious and well oriented to T/P/P, as per medico legal report. It was reported to the doctor that it was a case of consumption of some poisonous tablets. Her gastric lavage was done. Gastric lavage and blood samples were sent to Forensic Science Expert and per report, signed on 4th June, 2009, the said Expert, has reported that no poison was found in the blood sample or the gastric lavage nor was any poisonous substance found in the tablets, similar to those which had allegedly been forcibly administered to Asha Devi. 3. Matter was reported to the police. Police registered a case, under Sections 498-A, 328, 307, read with Section 34 of the Indian Penal Code, against the applicants, on the basis of statement made by Asha Devi to the police, on the next following day, i.e. 6th April, 2009. She was allegedly unfit to make statement on 5th April, 2009. Medico Legal Certificate, however, shows that she was conscious and well oriented to time and place, when admitted to the hospital. 4. In view of the report of the Forensic Science Expert, I am of the considered view that denial of bail to the ...3... applicants would work injustice to them. Hence, both the applications are allowed and the applicants are ordered to be released on their furnishing personal bonds each in the sum of Rs.5,000/- with one surety each in the like amount, to the satisfaction of the Judicial Magistrate, Jawali. 5. Both the applications stand disposed of. Copy dasti. June 16, 2009(sd) ( Surjit Singh ), J.