Supreme Court – Daily Orders
Gaurav Agarwal vs State Of Up on 6 April, 2026
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). OF 2026
(@ SPECIAL LEAVE PETITION (CRL.) NO(S).19799/2025)
GAURAV AGARWAL & ANR. APPELLANTS
VERSUS
STATE OF UP & ANR. RESPONDENT(S)
O R D E R
Leave granted.
This appeal challenges the order dated
17.10.2025 passed by the High Court of Allahabad at
Lucknow in Criminal Misc. Anticipatory Bail
Application U/S 438 CR.P.C.No. 1173 of 2025.
This appeal arises out of crime registered
pursuant to Complaint Case No.65835 of 2023 lodged
with PS Aliganj, District Lucknow, under Sections
406, 423, 467, 471, 120-B of Indian Penal Code
(“IPC”).
Anticipating arrest in connection with this
crime, the appellants preferred Anticipatory Bail
Application No.6746 of 2025 before the Additional
District & Sessions Judge, Lucknow. By order dated
03.10.2025, the Additional District & Sessions Judge
Signature Not Verified
Digitally signed by
BORRA LM VALLI
Date: 2026.04.06
dismissed the application.
16:08:19 IST
Reason:
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Subsequently, the appellants filed Criminal
Misc. Anticipatory Bail Application No.1173 of 2025
before the High Court seeking anticipatory bail. By
impugned order dated 11.11.2025, the High Court also
dismissed the application. Therefore, the instant
appeal has been preferred seeking grant of
anticipatory bail.
We have heard learned senior counsel for the
appellants in support of the appeal and learned
counsel for the respondent(s)-State.
Learned senior counsel for the appellants
submitted that the appellants have filed an
application viz.,Application U/S 482 No.12708 of 2023
before the High Court seeking quashing of the
criminal complaint made against them. However, the
High Court did not grant any interim protection in
that matter and instead had granted liberty to file
“a bail application” before the Trial Court. By the
impugned order the High Court has recorded that
instead of applying for “regular bail” the appellants
herein had filed for “anticipatory bail”. Hence, the
same was rejected. Learned senior counsel submitted
that the mere recording of the High Court in the
proceeding under Section 482 CRPC in Application U/S
482 No.12708 of 2023 to file a separate bail
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application did not imply that it had to be a regular
bail application and there is no reason as to why the
application for anticipatory bail could have been
rejected. He submitted that in view of the fact that
the plea for anticipatory bail has been rejected
without assigning any other reason whatsoever, this
Court may consider the relief to be granted to the
appellants herein by setting aside the impugned
order.
Per contra, learned counsel for the first
respondent-State with reference to the counter-
affidavit contended that the High court was justified
in passing the said order and that there is no merit
in this appeal.
Considering the circumstances on record, in our
view, the appellants are entitled to the relief of
anticipatory bail claimed.
We, therefore, allow this appeal and set aside
the order passed by the High Court of Allahabad at
Lucknow dated 17.10.2025.
We direct that in the event of arrest of the
appellants, the Arresting Officer shall release the
appellants on bail, subject to furnishing cash
security in the sum of Rs.25,000/- (Rupees Twenty-
Five Thousand only) each with two like sureties each.
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It is directed that the appellants shall extend
complete cooperation in the ensuing trial.
The appellants shall not misuse their liberty
and shall not in any way influence the witnesses or
tamper with the material on record.
Any infraction of the aforesaid conditions may
entail cancellation of anticipatory bail granted to
the appellants herein.
With the aforesaid directions, the appeal is
allowed.
………………………………………………………, J
(B.V. NAGARATHNA)
…………………………………………………………, J
(UJJAL BHUYAN)
NEW DELHI
APRIL 6, 2026
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ITEM NO.6 COURT NO.4 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.)
NO(S).19799/2025
[ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED
17-10-2025 IN CRMABA NO. 1173/2025 PASSED BY THE HIGH COURT
OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH]
GAURAV AGARWAL & ANR. PETITIONER(S)
VERSUS
STATE OF UP & ANR. RESPONDENT(S)
FOR ADMISSION and I.R.
IA No. 316581/2025 – EXEMPTION FROM FILING O.T.
Date : 06-04-2026 This matter was called on for hearing
today.
CORAM : HON’BLE MRS. JUSTICE B.V. NAGARATHNA
HON’BLE MR. JUSTICE UJJAL BHUYAN
For Petitioner(s): Mr. Ardhendumauli Kumar Prasad, Sr. Adv.
Mr. Shail Kumar Dwivedi, Adv.
Mr. Manish Kumar Tripathi, Adv.
Ms. Ayushi, Adv.
Mr. Siddhanth Kumar, Adv.
Mr. Siddharth Krishna Dwivedi, AOR
For Respondent(s): Mr. Shaurya Sahay, AOR
Mr. Vikas Bansal, Adv.
Mr. Aman Jaiswal, Adv.
Ms. Sharvi Sharma, Adv.
Mr. Ashish Singh, Adv.
Mr. Shivam Singh, Adv.
Mr. Ishwar Singh, Adv.
Mr. Arth Arora, Adv.
Ms. Tarang Sehgal, Adv.
Mr. Gopal Singh, AOR
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UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
Appeal is allowed in terms of the signed
order, which is placed on file.
Pending application(s), if any, shall stand
disposed of.
(B. LAKSHMI MANIKYA VALLI) (DIVYA BABBAR)
COURT MASTER (SH) COURT MASTER (NSH)
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