'Action Improper': Allahabad HC Grants Transit Anticipatory Bail To Woman Summoned To Delhi Police Station At 9 PM

A bench of Justice Rajeev Singh granted relief to Sushila Yadav in light of the Supreme Court's judgment in Priya Indoria v. State of Karnataka 2023 LiveLaw (SC) 996 and after perusing other relevant documents, including a notice issued to her under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

According to the petitioner, she received the notice via WhatsApp from a Sub-Inspector, directing her to appear at the Mayapuri Police Station on June 13, 2025, at 9:00 PM, in connection with an FIR in which she was not named as an accused.

Noting that summoning a woman to appear at a police station at night was improper, the Court granted her relief.

“It is evident that the aforesaid notice categorically reveals that the applicant, being a lady, has been called to 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. Therefore, this Court is of the view that the applicant is entitled to transit anticipatory bail, and in case she is taken into custody by the Investigating Officer/Investigating Agency, she shall be released forthwith on anticipatory bail after furnishing a personal bond of Rs. 25,000/-,” the bench observed in its order.