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2026 Supreme(Online)(Chh) 18382

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Kunal Tarunakar – Appellant
Versus
State of Chhattisgarh – Respondent
MCRC No. 5244 of 2026



Important Points

The court may allow an incarcerated individual to appear for a competitive examination under police custody and provide study materials in jail to balance the right to education with the necessity of detention, as an alternative to granting temporary bail.

Subject

Criminal Law - Bail

Act Referred

Headnote

The applicant, arrested for an offence under Section 108 of the Bharatiya Nyaya Sanhita, 2023, filed an application for temporary bail to appear in the NEET-2026 Examination. The court noted the urgency of the examination date and the applicant's status as a student, while the state raised concerns regarding the nature of the allegations involving instigation of suicide. The primary issue was whether the applicant should be granted temporary bail or alternative arrangements to ensure the right to education during incarceration. The court reasoned that in the interest of justice, the applicant's educational pursuit can be facilitated without compromising security by permitting appearance under police custody. Accordingly, I.A. No. 01 of 2026 stands disposed of with directions to produce the applicant at the examination centre under police custody and provide necessary study materials in jail.

Advocates:
For the Appellants/Petitioners: Anukul Biswas
For the Respondents: Palak Dwivedi

17/06/2026

Mr. Anukul Biswas, learned counsel appearing for the applicant, made a mention on 15.06.2026 stating that the applicant has been preparing for the NEET Examination, which is scheduled to be held on 21.06.2026, and therefore sought an urgent hearing of the matter.

Considering the aforesaid submission, the said mention was allowed and the Registry was directed to list the matter accordingly.

Heard Mr. Anukul Biswas, learned counsel for the applicant, and Ms. Palak Dwivedi, learned Panel Lawyer appearing for the Non-applicant/State, on I.A. No. 01 of 2026, an application seeking grant of temporary bail to the applicant.

The aforesaid application has been filed seeking temporary bail for the applicant, who has been arrested in connection with Crime No. 430/2026 registered at Police Station Khamtarai, District Raipur (C.G.), for the offence punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023.

Learned counsel for the applicant submits that the applicant is required to appear in the NEET-2026 Examination, which is scheduled to be held on 21.06.2026 at Kendriya Vidyalaya, Raipur. He further submits that a copy of the admit card has been annexed along with the present application. It is also submitted that the applicant may be provided with the necessary study material in jail so that he may adequately prepare for the said examination.

Accordingly, he prays for grant of temporary bail to the applicant.

Learned counsel for the State submits that she has no objection if suitable arrangements are made to enable the applicant to appear in the NEET Examination. However, she submits that there is cogent material available against the applicant and that the allegations disclose that the applicant had allegedly instigated the deceased to commit suicide.

Having considered the totality of the facts and circumstances of the case, particularly the fact that the applicant is a student preparing for the NEET Examination and is required to appear therein on 21.06.2026, 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.

Accordingly, it is directed below:-

(i) The applicant, namely Kunal Tarunakar, who has been arrested in connection with Crime No. 430/2026 registered at Police Station Khamtarai, District Raipur (C.G.), for the offence punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023, shall be taken under police custody to the examination centre, namely Kendriya Vidyalaya, Raipur, on 21.06.2026 for the purpose of appearing in the NEET-2026 Examination.

(ii) 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 and is permitted to participate in the aforesaid examination on the scheduled date and time.

(iii) The counsel and/or family members of the applicant shall furnish a copy of the admit card to the Superintendent of Police, District Raipur, and the Superintendent of the concerned Jail sufficiently in advance of the examination date so that necessary arrangements may be made.

(iv) 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, to enable him to prepare for the NEET-2026 Examination.

(v) Immediately upon completion of the examination, the applicant shall be brought back to the concerned jail where he is presently lodged.

Accordingly, I.A. No. 01 of 2026 stands disposed of.

Since, the charge-sheet has not yet been filed, let the matter be listed again after three weeks.

The Registrar (Judicial) is directed to send a copy of this order forthwith to the concerned Trial Court, Superintendent of Police as well as to the Superintendent of the Jail where the applicant is presently confined, for information and n

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