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2021 (8) TMI 1290 - HC - Indian LawsMaintainability of successive Bail Application - whether successive bail application can be entertained and a different view can be taken on the already existing materials when the earlier bail application was rejected on merit, merely because some documents/statements available in the case record were not taken into account? - HELD THAT:- It is the settled position of law that successive bail applications are permissible under the changed circumstances. The change of circumstances must be substantial one which has a direct impact on the earlier decision and not merely cosmetic changes which are of little or no consequence. Without the change in the circumstances, the subsequent bail application would be deemed to be seeking review of the earlier rejection order which is not permissible under criminal law. While entertaining such subsequent bail applications, the Court has a duty to consider the reasons and grounds on which the earlier bail application was rejected and what are the fresh grounds which persuade it warranting the evaluation and consideration of the bail application afresh and to take a view different from the one taken in the earlier application. There must be change in the fact situation or in law which requires the earlier view being interfered with or where the earlier finding has become obsolete. Detailed discussion of the evidence and elaborate documentation on the merits of the case is to be avoided while considering an application for bail. No party should have the impression that his case has been pre-judged. Existence of a prima facie case is only to be considered. Where the offence is of serious nature, the question of grant of bail has to be decided mainly keeping in view the nature and gravity of the accusation, character of the evidence, chance of absconding of the accused, chance of tampering with the evidence and also the larger interest of the public. This bail application, being a successive one moved within two months of the rejection of the earlier bail application before the learned trial Court without any changed circumstances and after its rejection, the petitioner has rushed to this Court again, the petitioner cannot be released on bail. The application for bail stands rejected.
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