SUSHILA YADAV v. STATE OF U.P. THRU. PRIN. SECY. (HOME) LKO. AND 2 OTHERS
NABAIL/642/2025 · 2025-06-12
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145307 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145307 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 Neutral Citation No. - 2025:AHC-LKO:35336 Court No. - 11 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 642 of 2025 Applicant :- Sushila Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Lko. And 2 Others Counsel for Applicant :- Vineet Tripathi,Aman Thakur,Shivanshu Goswami Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Heard Mr. Aman Thakur and Mr. Vineet Tripathi, learned counsel for the applicant as well as learned A.G.A. for the State and Mr. Raj Kumar Singh, learned counsel appearing for the Union of India and perused the record. 2. The instant application has been filed by applicant in Case Crime No. 0392 of 2024 U/s 420, 120 I.P.C., Police Station- Mayapuri, District- West, with a prayer to enlarged him on bail. 3. Learned counsel for the applicant submits that applicant was not named in the F.I.R. and he is resident of Maheshpur Chilwara, Kasimpur, Sitapur, Uttar Pradesh and the notice was sent on her Whatsapp number i.e. by Sub Inspector Shivpal Singh, Police Station Mayapuri, District West Delhi with a instruction that she has to appear on 13.06.2025 at Police Station Mayapuri, Districe West Delhi. He further submits that the applicant is a lady and this is very surprising that by way of aforesaid notice, the applicant is being called in the police station in the night at 21:00 hours on 13.06.2025 and he further submits that there is apprehension of detention of the applicant even she is not named in the F.I.R. He also relies
2 on the decision of Hon'ble Apex Court in the case of Priya Indoria vs. State of Karnataka and others reported in (2024) 4 SCC 746, hence, she is entitled for anticipatory bail. 4. Learned A.G.A. on the basis of documents annexing with the application does not dispute this fact that applicant is not named in the F.I.R.
5. Considering the submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of application, F.I.R., judgment passed in Priya Indoria (Supra) as well as other relevant documents including the copy of notice, which was forwarded on the mobile number of the applicant i.e. 8931878703, which is taken on record, contents of notice issued by Sub Inspector Shivpal Singh is as under:
3
6.
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, therefore, 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/-. 7. 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. 8. Senior Registrar of this Court is directed to communicate this order to Commissioner of Police, Delhi for information and action. Order Date :- 12.6.2025/Raj Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench