High Court of Chhattisgarh Denies Bail but Permits Accused in Section 108 BNS Case to Attend NEET Examination in Police Custody

Balancing Custody and Career: Chhattisgarh HC Allows Escorted NEET Appearance for Accused Student

In a significant order addressing the intersection of individual educational aspirations and custodial constraints, the Chhattisgarh High Court has granted a unique relief to a student currently held in judicial custody. While the court stopped short of granting temporary bail, it ensured that the accused, Kunal Tarunakar, would not be deprived of his right to appear for the high-stakes NEET-2026 examination.

The Background: An Academic Career in Jeopardy

The applicant, currently incarcerated at a jail in District Raipur, was arrested in connection with Crime No. 430/2026. The charges, filed under Section 108 of the Bharatiya Nyaya Sanhita ( BNS ), 2023, involve allegations of instigating the deceased to commit suicide. With the NEET examination scheduled for June 21, 2026, the applicant moved the court for urgent intervention, presenting his admit card and requesting the opportunity to sit for the test at the assigned center, Kendriya Vidyalaya, Raipur.

The Arguments: Education vs. Allegation

Counsel for the applicant argued that the student’s future should not be stalled by his current legal status. They requested the court to grant temporary bail or, at the very least, provide necessary study materials within the prison walls.

Conversely, the State’s Panel Lawyer, while not objecting to the applicant's inclusion in the examination, voiced concerns regarding the gravity of the allegations. The State emphasized that there is "cogent material" linking the applicant to the abetment of suicide, suggesting that while the pursuit of education is valid, the custodial requirements remain paramount.

The Judicial Intervention

The High Court adopted a pragmatic approach, choosing a middle ground that safeguards public interest while facilitating the applicant’s academic future. Finding that the request was reasonable, the Court explicitly ruled against granting temporary bail, opting instead for a "custody-escort" model.

The Court’s order mandates the Superintendent of Police, Raipur, and the Jail Superintendent to facilitate the transfer of the applicant to his examination center under secure police guard. Furthermore, the court directed prison authorities to provide the applicant with relevant study materials, strictly adhering to jail regulations.

Key Observations

The judgment reflects a nuanced understanding of justice, prioritizing the applicant's right to pursue an education without undermining the legal process. Notable excerpts from the court’s order include:

• "Having considered the totality of the facts and circumstances of the case, particularly the fact that the applicant is a student... this Court deems it appropriate, in the interest of justice, to permit the applicant to appear in the said examination under police custody rather than granting temporary bail."
• "The Superintendent of Police... shall ensure that the applicant is taken to the examination centre under proper police custody and is permitted to participate in the aforesaid examination."
• "It is further directed that the applicant shall be provided with the relevant study material in jail, subject to the applicable jail rules and regulations."
• "Immediately upon completion of the examination, the applicant shall be brought back to the concerned jail where he is presently lodged."

Implications for Future Cases

This order serves as a precedent for balancing the rights of undertrial prisoners with state security concerns. By refusing temporary bail but allowing for supervised participation in an external event (such as an academic exam), the High Court has established a protocol that honors the right to education despite pending serious criminal allegations. The order now rests with authorities in Raipur, who must ensure the logistics of the escort and exam participation are executed by June 21.