Legal Analysis: Saurabh Agrawal v. State of Uttar Pradesh and Another

Citation: 2026 INSC 548
Court: Supreme Court of India
Bench: A Division Bench comprising Justice Prashant Kumar Mishra and Justice N.V. Anjaria
Date of Decision: May 26, 2026
Nature of Judgment: Criminal Appeal under Article 136 of the Constitution of India against the order of the Allahabad High Court granting anticipatory bail.

Synopsis of the Judgment

The complainant (appellant) alleged a large‑scale financial fraud in relation to a residential property. Respondent No. 2 (Monika Dwivedi) and her son represented that they jointly owned the property, entered into an agreement to sell, received Rs. 3.55 crore out of the total consideration of Rs. 4.30 crore, but thereafter executed a sale deed in favour of a third party. The High Court granted anticipatory bail to Respondent No. 2, observing that the agreement was not registered, that only part payment was made, and that the complainant sought refund – thereby indicating a civil dispute. The Supreme Court set aside the anticipatory bail, holding that the High Court had relied on peripheral considerations while overlooking material factors such as the criminal antecedents of the accused, the magnitude of the economic offence, the fact that the property was alienated to a third party after receiving substantial consideration, and the requirements of custodial investigation. The Court reiterated that the existence of a civil remedy does not preclude criminal proceedings where the ingredients of a criminal offence are prima facie made out.

1. Basic Information of the Judgment

• Case Title: Saurabh Agrawal v. State of Uttar Pradesh and Another

• Citation: 2026 INSC 548

• Criminal Appeal No.: 2850 of 2026 (arising out of SLP (Crl.) No. 19112 of 2025)

• Bench: Division Bench (Justice Prashant Kumar Mishra and Justice N.V. Anjaria)

• Date of Decision: May 26, 2026

• Court: Supreme Court of India (Criminal Appellate Jurisdiction)

• Impugned Order: Order dated 06.10.2025 of the Allahabad High Court, Lucknow Bench, in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 812 of 2025.

2. Legal Framework

Major Laws and Provisions Involved

• Indian Penal Code, 1860 – Sections 406 (criminal breach of trust), 420 (cheating), 467 (forgery of valuable security), 468 (forgery for purpose of cheating), 471 (using forged document as genuine), 506 (criminal intimidation), 120B (criminal conspiracy), 34 (common intention).

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