Successive bail applications require material change in circumstances; charge-sheet filing alone did not justify reconsideration.

A successive bail application under Section 439 CrPC in a customs smuggling prosecution was rejected because no material change in circumstances was shown after the earlier merits-based refusal. The court noted the recovery of gold, the applicant's statements under Section 108 of the Customs Act indicating prior involvement in gold smuggling, and the seriousness of the allegations. The filing of the charge-sheet alone did not amount to a substantive factual or legal change sufficient to justify reconsideration. On that basis, the second bail plea was dismissed.

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Issues: Whether the applicant was entitled to bail in a second bail application in a customs smuggling case where gold was recovered and no material change in circumstances was shown after rejection of the earlier bail plea.

Analysis: The applicant sought bail under Section 439 of the Code of Criminal Procedure, 1973 in a case under Sections 132 and 135(1)(a)(b) of the Customs Act, 1962. The earlier bail application had already been rejected on merits after noting recovery of gold valued at Rs. 1,57,82,400 from the applicant and the applicant's statements under Section 108 of the Customs Act, 1962 indicating prior involvement in gold smuggling. The subsequent filing of the charge-sheet, by itself, was held not to constitute a substantive change in the factual or legal position. The seriousness of the allegations and the absence of any material alteration in circumstances weighed against grant of bail.

Conclusion: The second bail application was not entitled to be allowed and was dismissed.

Ratio Decidendi: A successive bail application will not be entertained on merits where the earlier rejection remains undisturbed and no material change in circumstances is shown beyond the filing of the charge-sheet.

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