AB 1658/2011 BEFORE THE HON’BLE MR JUSTICE I.A. ANSARI This is an application, made under Section 438 Cr.P.C., seeking pre-arrest bail by the accused-petitioners, namely, Md. Sahjahan Ali, Md. Saidul Islam, Gulzar H ussain and Md. Ishehaque Ali, in connection with Mayong Police Station Case No. 11/2011 under Section 366(A) IPC. Perused the above application and materials on record including the stat ement of the alleged victim recorded under Section 164 Cr.PC and the order, date d 31.05.2011, passed by the learned Sessions Judge, Morigaon, rejecting the peti tion for pre-arrest bail made by the petitioners. Heard Mr. DCC Phukan, learned counsel for the petitioners, and Mr. B.S. Sinha, learned Addl. Public Prosecutor, Assam. Considering the fact that the power to consider pre-arrest bail by the H igh Court is co-extensive with that of the Sessions Judge and, in the case at ha nd, the learned Sessions Judge, Morigaon, has rejected the petitioners’ applicat ion for pre-arrest bail on noticing, in the case diary, sufficient incriminating materials against the petitioners, this Court does not find that in the absence of any new or other ground, the petitioners can be given the benefit of pre-arr est bail. This apart, the statement of the alleged victim implicates the petitio ners. Viewed from this angle too, the petitioners cannot be given the benefit of pre-arrest bail. In view of the above and in the interest of justice, the prayer for pre-arrest bail, made by the petitioners, is hereby rejected. The Bail Application shall accordingly stand disposed of.