A Balancing Act: Chhattisgarh High Court Permits Undertrial to Write NEET-2026 Under Police Escort

In a pragmatic ruling that underscores the judiciary’s role in balancing the rights of an undertrial with the seriousness of criminal proceedings, the Chhattisgarh High Court has allowed a 21-year-old student to appear for the NEET-2026 entrance examination. Departing from the common practice of granting temporary bail, Chief Justice Ramesh Sinha ordered that the applicant be escorted to his examination center under police custody to ensure he remains in judicial remand while pursuing his academic aspirations.

The Academic vs. The Allegation

The applicant, Kunal Tarunakar, is currently facing legal proceedings in connection with an alleged offence under Section 108 of the Bharatiya Nyaya Sanhita, 2023 —specifically, the abetment of suicide. Held at the Khamtarai police station in Raipur, Tarunakar’s situation became critical as the NEET-2026 examination, scheduled for June 21, approached.

Represented by counsel Mr. Anukul Biswas, the defense made an urgent mention before the High Court, emphasizing that the applicant’s future hinged on his ability to take the test. The urgency was palpable; with the exam only days away, the court had to decide whether the seriousness of the charge outweighed the long-term educational stakes of a 21-year-old.

Arguments from the Bar

During the hearing, the State, represented by Panel Lawyer Ms. Palak Dwivedi, maintained a firm stance regarding the nature of the allegations. The prosecution highlighted that there was "cogent material" suggesting the applicant had actively instigated the deceased to take their own life. However, in a display of institutional cooperation, the State acknowledged the importance of education and expressed no objection to facilitating the applicant's presence at the exam, provided that appropriate security measures were firmly in place.

"The Interest of Justice": A Middle Path

Finding a middle ground, Chief Justice Ramesh Sinha declined the plea for temporary bail, opting instead for a restrictive but fair alternative. By directing that the applicant be taken to the Kendriya Vidyalaya examination center under police escort, the court ensured that the judicial process remained undisturbed while the student’s academic future was preserved.

Key Observations The Court's decision was anchored in the following directives:

  • "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, District Raipur , as well as the Superintendent of the concerned Jail , shall ensure that the applicant is taken to the examination centre under proper police custody."
  • "The applicant shall be provided with the relevant study material in jail, subject to the applicable jail rules and regulations, to enable him to prepare for the NEET-2026 Examination."

A Precedent for Practical Justice

The order goes beyond mere transport; it mandates that jail authorities provide access to study materials, enabling the applicant to remain prepared while in confinement. This decision exemplifies a court process that refuses to treat the rights of an accused as purely binary. By allowing the applicant to take the exam under guard, the High Court has ensured that the "interest of justice" is served broadly—acknowledging the gravity of criminal allegations while avoiding the permanent denial of educational opportunity for a young individual.

As the case continues to move forward—with the court noting that the charge-sheet is yet to be filed and scheduling a follow-up hearing in three weeks—this order stands as a reminder that the courtroom remains a space where human potential and legal accountability must coexist.