Anticipatory bail granted to student leaders for forceful university entry amid lack of specific overt acts.

The applicants, student leaders, filed for anticipatory bail apprehending arrest in connection with Crime No. 508/2025 at P.S. Koni Bilaspur

The prosecution alleged that on October 26, 2025, the applicants, along with others, forcibly broke the locks of a university's main gate and the Vice-Chancellor’s residence, entering by force and creating an atmosphere of fear for the residents and staff

The applicants contended they were falsely implicated due to their roles as student leaders raising objections to University policies and argued that no specific overt acts were attributed to them

1. Whether the applicants are entitled to the grant of anticipatory bail under the BNSS despite the allegations of house-trespass and rioting

The Court applied Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court’s power to grant anticipatory bail

The substantive charges involved Sections 127(2) [wrongful confinement], 191(2) [rioting], and 332(c) [house-trespass] of the Bhartiya Nyaya Sanhita (BNS)

The Court exercised its judicial discretion based on established principles regarding the nature of the dispute, the likelihood of the accused absconding, and the potential for tampering with evidence

The Court analyzed the facts and circumstances, noting the nature of the dispute arose from student activism

While the State opposed the application emphasizing the aggressive nature of the mob and the applicants' failure to join the investigation previously, the Court observed that no specific overt act was clearly attributed to the applicants in a manner that necessitated custodial interrogation

The Court balanced the gravity of the allegations—breaking university locks and entering the Vice-Chancellor’s residence—against the applicants' status as permanent residents and their willingness to cooperate with the trial

It determined that the material available on record did not warrant the denial of liberty, provided stringent conditions were imposed to ensure the integrity of the judicial process

The Court directed that in the event of arrest, the applicants be released on a personal bond and one local surety, subject to conditions including: (a) non-interference with witnesses; (b) regular appearance before the trial court; (c) submission of Aadhaar credentials for verification; and (d) a prohibition against committing similar offences in the future