MOGBUL HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J. Islam, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned Addl. PP., Assam appearing for the State/respondent. By this application under Section 438 Cr.P.C., the petitioners, namely, 1. Mogbul Hussain and 2. Nazir Hussain @ Nazir Ali, have prayed for pre-arrest bail apprehending arrest in connection with Kalgachia P.S. Case No. 183/2020 (Corresponding to G.R. Case No. 1648/2020) under Sections 365/342/34 of the IPC.

(2.) The case diary, as called for, is placed before the Court.

(3.) Mr. J. Islam, learned counsel for the petitioners, submits that the petitioner No. 1 and the petitioner No. 2 are the father and uncle respectively of the prime accused Amser Ali, who kidnapped the informant's daughter. According to Mr. Islam, the only allegation about them is the offence of cheating and as such, their custodial interrogation may not be necessary.