The Allahabad High Court has granted transit anticipatory bail to Sushila Yadav, a woman summoned by the Delhi Police at 9:00 PM despite not being named in the FIR. The Court found the notice to be improper and emphasized the need for procedural safeguards, particularly when dealing with women.
Background
Sushila Yadav, a resident of Maheshpur Chilwara, Kasimpur, Sitapur, Uttar Pradesh, moved the High Court seeking anticipatory bail in connection with Case Crime No. 0392 of 2024, registered under Sections 420 and 120 of the Indian Penal Code at Police Station Mayapuri, District West, Delhi.
The applicant was not named in the FIR, but she received a notice via WhatsApp from Sub-Inspector Shivpal Singh directing her to appear at the police station on 13 June 2025 at 9:00 PM.
Arguments
The applicant was represented by Mr. Aman Thakur and Mr. Vineet Tripathi, Advocates. They contended that summoning a woman to a police station late at night, especially when she is not an accused in the FIR, was procedurally flawed and created a genuine apprehension of arrest. They relied on the Supreme Court’s ruling in Priya Indoria vs. State of Karnataka and Others [(2024) 4 SCC 746], which underscores the safeguards afforded to women in criminal proceedings.
Mr. Raj Kumar Singh appeared on behalf of the Union of India.
The learned Additional Government Advocate (A.G.A.), appearing for the State of Uttar Pradesh, did not dispute that the applicant was not named in the FIR.
Court’s Observations
Justice Rajeev Singh took note of the documents submitted, including the FIR and the copy of the WhatsApp notice sent to the applicant’s number. The Court noted:
“It is evident that the aforesaid notice categorically reveals that applicant being a lady has been called at Police Station Mayapuri on 13.06.2025 at 21:00 hours and the applicant is not named in the F.I.R. and the alleged offence is triable by the Magistrate…”
The Court further stated:
“The action of the officer who issued notice is not proper by which lady is directed to appear in the night at 09:00 pm.”
Decision
Considering the facts and relying on the Supreme Court precedent, the High Court held that the applicant was entitled to transit anticipatory bail. The Court directed:
“In case she is taken into custody by Investigating Officer/Investigating Agency, she shall be released forthwith on anticipatory bail after taking personal bond of Rs. 25,000/-.”
Additionally, the Court instructed the Senior Registrar to communicate the order to the Commissioner of Police, Delhi for appropriate action.
