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Judgment
Subodh Abhyankar, J
This second application under Section 439 of Criminal Proce-dure Code, 1973 has been filed by the applicant, who is implicated in connection with
Crime No.422/2020 registered at Police Station Chhatripura, Indore District Indore (MP) for offence punishable un-der Sections 394 and 120 (B) of
the Indian Penal Code, 1860.
The applicant is in custody since 23.11.2020. He has claimed parity with the other co-accused Mohit Bijoliya who has been grant-ed temporary bail in
M.Cr.C. No.11725/2021.
On due consideration, it is found that his earlier application has already been dismissed on merits taking note of his criminal an-tecedents, as he has
already been charged under Section 302 of IPC in Crime No.188/2018. It is also found that the age of the applicant is said to be only 18 years in the
present case also, which clearly means that he is a habitual offender and has not learnt any lesson from his earlier arrest and has gone wayward.
Thus, no case for pari-ty is made out even for temporary bail.
In such circumstances, no case for grant of bail is made out. Accordingly, Miscellaneous Criminal Case No.28588/2021 is dismissed.