Debashish Gorai @ Debasish Gorai @ Debasis Gorai v. State Of West Bengal

August 18, 2025 20 ARDR (Allowed) CRM (M) 941 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Asansol South Police Station Case No. 86 of 2025 dated 05/3/2025 under Sections 85/80(2)/3(5) of the BNS, 2023 and Sections 3/4 of the Dowry Prohibition Act.

And In Re :

Debashish Gorai @ Debasish Gorai @ Debasis Gorai ... Petitioner.

Adv. Subhadp Pramanik, Adv. Amit Ranjan Pati, Adv. Swastika Chowdhury, Adv. K. Kubra, ... for the petitioner.

Adv. Baisali Basu, Adv. Trisha Rakshit, ... for the State.

Learned counsel for the petitioner submits that the petitioner is in custody for about 165 days. He is the husband of the victim. Though there were frequent altercations between the couple, the petitioner is not responsible for the death of the victim. He prays for bail.

Learned counsel for the State opposes the prayer. I have considered the material on record.

The victim lady committed suicide by hanging within three years of her marriage leaving behind a child. There are allegations of torture upon the victim lady by the petitioner and his parents. Whether such torture can be said to be the proximate cause of commission of suicide by the victim lady shall be assessed at the appropriate stage of trial. Charge sheet has been submitted. The petitioner is in custody for more than hundred days. Further detention of the petitioner is not required and he may be released on bail.

Accordingly, the prayer for bail is allowed.

The petitioner namely Debashish Gorai @ Debasish Gorai @ Debasis Gorai be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Asansol, Paschim Bardhaman subject to the condition that he shall appear before the learned trial Court on every date of hearing. He shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event the petitioner fails to appear before the learned trial Court on any date without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail is disposed of.

Case Diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)