Rajan Gupta, J. - (1.) THIS is a petition filed under Section 438 of the Code of Criminal Procedure seeking pre -arrest bail in a case registered against the Petitioner vide FIR No. 19 dated 11.02.2011 under Sections 447, 379 and 506 IPC at Police Station Sadar, Ludhiana.
(2.) LEARNED Counsel for the Petitioner contends that Petitioner is not named in the FIR. Only a person with the name of Dr. Deepak @ Billa was mentioned in the FIR and the investigating agency is trying to falsely implicate the Petitioner by connecting him with the commission of crime on the basis of statement recorded under Section 161 Code of Criminal Procedure. According to him, statement recorded under Section 161 Code of Criminal Procedure would have no evidentiary value and Petitioner is thus entitled to pre -arrest bail. Learned State Counsel has opposed the prayer for pre -arrest bail. He submits that name of the Petitioner figured in the FIR. According to him, during investigation it has been found that Dr. Deepak @ Billa who has been named in the FIR was in fact the Petitioner himself. He submits that in the statement recorded under Section 161 Code of Criminal Procedure by the investigating agency, it is clear that it is the Petitioner who was indulging in the commission of alleged crime.
(3.) I have heard learned Counsel for the parties.;