GOPAL AGARWAL @ AGARWALLA v. THE STATE OF WEST BENGAL
CRM(DB)/11/2025 · 2025-01-21
Gaurang Kanth, Joymalya Bagchi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51368 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51368 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT AT CALCUTTA
21.01.2025.
Circuit Bench At Jalpaiguri Sl. No.08. Ct. No. 1 SG (Rejected) C.R.M. (DB) 11 of 2025
In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Rajganj P.S. Case No. 365 of 2024 dated 14.10.2024 under Sections 85/80 of BNS.
And
In the matter of : Gopal Agarwal @ Agarwalla. … Petitioner.
Ms. Riya Agarwal. ...for the petitioner.
Mr. Abhijit Sarkar, Ms. Namrata Das. …for the State.
1. Petitioner is the husband. He contends his wife had died due to drowning. Investigation is complete. Accordingly, he prays for bail.
2. Learned Advocate for the State opposes the prayer for bail. She submits victim-wife was subjected to torture over demand of dowry. Post mortem report shows marks of injury around her neck which is indicative of physical torture prior to her death.
3. We have considered the materials on record. Statement of witnesses show petitioner and other in-laws had subjected the victim to torture over demand of dowry. She suffered unnatural death within five years of marriage. Though post mortem report shows death was due to
2 drowning, there are crescentic abrasions in and around the neck and shoulder which is indicative of forcible drowning.
4. Under such circumstances, we are of the opinion this is not a fit case to grant bail at this stage.
5. Accordingly, the prayer for bail of the petitioner is rejected.
(Gaurang Kanth, J.) (Joymalya Bagchi, J.)