( 1 ) THE following question has been referred by learned single Judge to be decided by this Court :-"whether a fresh argument in a second bail application for an accused should be allowed to be advanced on those very facts that were available to the accused while the first bail application was moved and rejected. "

( 2 ) BEFORE the learned single Judge reliance was placed on the decision of a learned single Judge of this Court in the case of Gama v. State of U. P. reported in 1987 Cri LJ 242. The learned single Judge in paragraph 5 of his judgment observed as follows :-"i am conscious that order on a bail application need not be detailed one but as the legal points were argued from both sides which require a bit detail discussion. After hearing the counsel for the parties at considerable length, the first point for determination is as to whether the arguments advanced by the learned counsel for the applicants about the statements of most of the prosecution witnesses being recorded under Section 164 of the Code was considered in the first order disposing of the bail application or not. Suffice it to say that the right of bail is statutory right, rather it is a constitut