Successive regular bail petitions require a material change in circumstances after an earlier merits rejection.

A successive regular bail petition under Section 439 CrPC cannot be entertained on the same factual foundation after an earlier dismissal on merits unless the petitioner shows a material change in circumstances. Here, the prior bail plea had been rejected by a detailed merits order, the Supreme Court challenge was withdrawn, and no fresh circumstance was shown after that dismissal. Custody period and pendency of trial, on these facts, were not treated as sufficient change to justify a different view. The bail request was accordingly rejected.

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Issues: Whether the petitioner was entitled to regular bail in a successive petition under Section 439 of the Code of Criminal Procedure, 1973 in the absence of any material change in circumstances after dismissal of the earlier bail petition on merits.

Analysis: The earlier petition for regular bail had been dismissed by a detailed order on merits. The petitioner thereafter approached the Supreme Court, but the challenge was withdrawn. No fresh circumstance was shown to have arisen after dismissal of the previous petition. In such a situation, a successive bail plea could not be entertained on the same factual foundation. The custody period and the pendency of trial did not, on the facts presented, constitute a sufficient change to warrant a different view.

Conclusion: The petitioner was not entitled to regular bail and the prayer was rejected.

Ratio Decidendi: A successive bail petition after dismissal on merits can succeed only on proof of a material change in circumstances.

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