Allahabad High Court Grants Transit Anticipatory Bail to Woman Summoned at 9 PM To Police Station
The Allahabad High Court has granted transit anticipatory bail to a woman summoned to appear at a police station in Delhi at 9 PM, holding that the conduct of the officer in issuing such a notice was improper and contrary to established safeguards available to women under criminal procedure.
A Single Bench of Justice Rajeev Singh observed, “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.”
The Court added, “This Court is of the view that the applicant is entitled for transit anticipatory bail and 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/-.”
Advocate Aman Thakur appeared for the Applicant, while the State was represented by the Government Advocate.
Brief Facts
The Applicant filed an application seeking anticipatory bail in connection with an FIR registered under Sections 420 and 120B of the IPC.
The Applicant submitted that she was not named in the FIR, however, notice had been sent to her via WhatsApp by the Sub-Inspector directing her to appear at the police station at 9:00 PM on June 13, 2025. She further submitted that this direction raised a reasonable apprehension of arrest, especially given the late-night summons and the fact that the she was a woman.
The State did not dispute that the applicant was not named in the FIR.
Reasoning of the Court
Taking note of the WhatsApp notice issued by the police and the time mentioned therein, the Court observed that calling a woman to a police station at 21:00 hours was contrary to procedural fairness. “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 added.
The Court held that the Applicant was entitled to the protection of transit anticipatory bail and made it clear that any custodial action should immediately result in her release upon execution of a personal bond, stating, “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/-.”
The Court further remarked, “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.”
Consequently, the Court granted the Applicant transit anticipatory bail and directed that in the event of her arrest, she shall be released immediately on furnishing a personal bond of Rs. 25,000/-.
Cause Title: Sushila Yadav v. State of U.P. & Ors. (Neutral Citation: 2025:AHC-LKO:35336)
Appearance:
Applicant: Advocates Aman Thakur, Vineet Tripathi, Shivanshu Goswami
State: Government Advocate
