Saurabh Agrawal v. State of Uttar Pradesh
(2026) INSC 548
Key Issue / Question of Law
Whether the High Court was justified in granting anticipatory bail to an accused charged with cheating, forgery, and criminal conspiracy in a property transaction involving Rs. 4.30 crores, where the accused had criminal antecedents of a similar nature, the Sessions Court had rejected bail, and the High Court had earlier dismissed the quashing petition noting the prima facie case and antecedents, but the anticipatory bail order failed to consider these material factors.
Ratio Decidendi
While considering an application for anticipatory bail, the court must consider relevant factors including the nature and gravity of the allegations, the amount involved, the criminal antecedents of the accused, the conduct of the accused during investigation, and the requirements of a fair and effective investigation. The existence of a civil remedy does not preclude criminal proceedings where the ingredients of a criminal offence are prima facie made out. The fact that only part of the consideration was paid, or that the agreement was notarized and not registered, or that the complainant sought refund, are peripheral considerations that do not dilute the criminality alleged where the core allegation is fraudulent inducement and subsequent alienation of property to a third party after receiving substantial consideration. The High Court's failure to consider material factors, including criminal antecedents noted in earlier orders, renders the exercise of discretion unsustainable.
Holding / Decision
The Supreme Court allowed the appeal, set aside the impugned order of the Allahabad High Court dated 6 October 2025, and cancelled the anticipatory bail granted to Respondent No. 2 (Monika Dwivedi). The Court held that the High Court proceeded on peripheral considerations while overlooking material factors such as the criminal antecedents of the accused, the substantial amount involved (Rs. 4.30 crores), and the requirements of investigation in an economic offence. The anticipatory bail was cancelled.
Background & Facts
The complainant (appellant) entered into an agreement to sell dated 8 January 2024 for a residential property valued at Rs. 4,30,00,000. The property was represented to be jointly owned by Respondent No. 2 (Monika Dwivedi), her son, and her daughter. The complainant paid Rs. 3,55,00,000 in instalments. It was represented that the sale deed would be executed upon the return of the daughter from abroad. However, despite receiving substantial consideration, Respondent No. 2 and her son executed a sale deed dated 24 June 2024 in favour of a third party, thereby transferring the entire property. The complainant alleged that the daughter had no ownership interest, rendering the representation false. When demanded either execution of sale deed or refund, the complainant was threatened. FIR No. 0002 of 2025 was registered on 3 January 2025 under Sections 406, 420, 467, 468, 471, 506, 120B and 34 IPC. The High Court had earlier dismissed the quashing petition filed by the accused, noting their criminal antecedents and the existence of a prima facie case. The Sessions Court rejected anticipatory bail. The High Court granted anticipatory bail on 6 October 2025. The complainant appealed to the Supreme Court.
Statutes Involved
- Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Corresponding to Section 438 of the Code of Criminal Procedure, 1973; provides for direction for grant of bail to person apprehending arrest (anticipatory bail)
- Section 406, Indian Penal Code, 1860 — Punishes criminal breach of trust
- Section 420, Indian Penal Code, 1860 — Punishes cheating and dishonestly inducing delivery of property
- Section 467, Indian Penal Code, 1860 — Punishes forgery of valuable security, will, or authority to adopt a son
- Section 468, Indian Penal Code, 1860 — Punishes forgery for purpose of cheating
- Section 471, Indian Penal Code, 1860 — Punishes using as genuine a forged document
- Section 506, Indian Penal Code, 1860 — Punishes criminal intimidation
- Section 120B, Indian Penal Code, 1860 — Punishes criminal conspiracy
- Section 34, Indian Penal Code, 1860 — Provides for acts done by several persons in furtherance of common intention
Full Analysis
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Key Conditional Rule / Important Caveat
This judgment applies ONLY where (a) the allegations pertain to an economic offence involving a substantial amount, (b) the accused has criminal antecedents of a similar nature, (c) the High Court grants anticipatory bail based on peripheral considerations (non-registration of agreement, part payment, civil nature of dispute) while overlooking material factors, and (d) the accused was not readily available during investigation requiring coercive steps. The judgment does NOT apply where (a) the dispute is purely civil with no criminal ingredients, (b) the accused has no antecedents and has cooperated with investigation, (c) the amount involved is trivial, or (d) the High Court's order considers all material factors and gives cogent reasons for grant of bail. The existence of a civil remedy does not automatically bar criminal proceedings, but if the dispute is predominantly civil and the criminal allegations are an afterthought, the judgment may not apply.
Courtroom Arguments
For Petitioner
High Court Ignored Criminal Antecedents and Material Factors — (2026) INSC 548
The High Court granted anticipatory bail to an accused with criminal antecedents in a Rs.
For Respondent
High Court Correctly Exercised Discretion to Grant Anticipatory Bail — (2026) INSC 548
The dispute is primarily civil in nature, arising out of a failed property transaction. Only part of the consideration was paid, and the agreement was not registered.
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Disclaimer: This summary is prepared by Agarawal Associates for informational purposes only. It does not constitute legal advice. For legal matters, consult a qualified advocate. © 2026 Agarawal Associates — apexdigest.in