AB 586/2011 BEFORE HON’BLE MR JUSTICE I A ANSARI This is an application made under Section 438 Cr.P.C. seeking pre-arrest bail fo r the petitioner, namely, Sri Utpal Das, in connection with Ghograpar Police Sta tion Case No. 41/2008, under Section 366/376/342/323/341 of the IPC. Perused the above application and materials on record. The petitioner’s earlier application for pre-arrest bail has already been rejected by order, dated 08.11 .2010, passed by the learned Session Judge, Nalbari, in Crl. Misc. Case No. 260/ 2010. Heard Mr. R. Sarma, learned counsel, appearing on behalf of the petitioner. Hea rd also Mr K. Munir, learned Addl. Public Prosecutor, Assam, appearing on behalf of the respondents, who submits that, on completion of investigation, the polic e have already submitted charge-sheet against the petitioner. Considering the fact that the materials on record reveal sufficient incriminatin g materials against the petitioner, and that, on completion of investigation, th e police have already laid charge-sheet against the petitioner under Section 366 /376 IPC, this Court is of the view that the petitioner cannot be given the bene fit of pre-arrest bail. Though filing of charge-sheet against a person is, by itself, not sufficient to divest the High Court, or the Sessions Court, as the case may be, of their power under Section 438 CrPC, the fact remains that the power of this Court, under Se ction 438 CrPC, is co-extensive with the power of the Session Judge, and that wh en investigation reveals incriminating materials against a person, he/she cannot be given the benefit of pre-arrest bail. In view of the above and in the interest of justice, the petitioner’s prayer for pre-arrest bail is hereby rejected. It is, now, submitted, on behalf of the petitioner, that there has been a reconc iliation between the petitioner and the alleged victim and that they are, now, m arried and settled. In the backdrop of the facts of the case, as indicted above, it shall, however, remain open to the petitioner to apply for regular bail in the learned Court bel ow, which has directed issuance of warrant of arrest against the petitioner, and , if such an application is made, the learned Court below shall consider and dis pose of the same, in accordance with law, bearing in mind the facts, which have been indicated above. This Anticipatory Bail Application stands disposed of in terms of the above obse rvations and directions.