Kuber Khanna vs State Of Rajasthan
2021 Latest Caselaw 11813 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Cr. Second Miscellaneous Bail Application No. 9936/2021

Kuber Khanna S/o Virendra Bhusan Khanna, Aged About 32 Years, House No. 13-G, Bheru Vilas, Airforce, P.s. Ratanada, Jodhpur (Raj.). (At Present Lodged In Central Jail, Jodhpur).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr Neel Kamal Bohra For Respondent(s) : Mr S.K. Bhati, Public Prosecutor

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Judgment / Order

29/07/2021

This Second Bail application has been filed by the learned

counsel, stating that he was unable to attend the Court on the

previous day when the bail application was heard and rejected by

this Court i.e. on 27.07.2021. Learned counsel submits that his

arguments have not been taken into consideration while rejecting

the bail application on 27.07.2021.

Although the same can not be a ground to hear a Second

Bail application and a Second Bail Application can only be heard if

there are changed circumstances, however, in the interest of

justice, the arguments of the learned counsel are heard.

Learned counsel submits that the complainant were the

aggressor and they have caused damage to entire building as well

as vehicles and have also used firearms and several gun-shot

injuries were caused. A cross FIR was registered and the

complainants are in jail.

(2 of 2) [CRLMB-9936/2021]

Learned counsel further points out that in a Writ Petition this

Court has directed the complainant not to enter in the premises of

the petitioner and in violation of the order of the High Court, the

complainant entered in the premises where the petitioners are

living and in self-defense, the firm-arm was used by the petitioner,

which caused injuries. Learned counsel submits that the charge

sheet has already been filed and co-accused Himanshu was

granted bail.

I have considered the submissions.

While it is true that cross FIRs were filed and the

complainant may be actual assailant, however, in no circumstance

this can give a license to use fire-arms to fend protection. As

noticed in the First Bail Application, the petitioner has been found

to have used fire-arm and fire-arm injuries have been caused at

the behest of the petitioner Kuber Khanna.

In view of aforesaid, no case for grant of bail to the

petitioner is made out. The Second Bail Application of the

petitioner is dismissed.

(SANJEEV PRAKASH SHARMA),J

112-MMA/-

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