Supreme Court Rejects Anticipatory Bail for Odisha BJP MLA Jayanarayan Mishra in Female Officer Assault Case

Keywords ; Supreme Court, anticipatory bail, Jayanarayan Mishra, Odisha, BJP, Sambalpur protest, assault on police officer, Section 307 IPC, political motive

On Thursday, the Supreme Court dismissed the anticipatory bail plea of Odisha BJP MLA Jayanarayan Mishra, who faces charges of assaulting a female police officer during a BJP-led protest outside the Sambalpur Collectorate in February 2022. The bench, comprising Justices Hrishikesh Roy and S V N Bhatti, held that public figures in leadership roles have a heightened duty to exemplify proper conduct.

Mishra, represented by senior advocate Maninder Singh, sought bail on grounds that his custodial interrogation was unnecessary, given that the incident took place publicly and was captured on video. The BJP leader has maintained his innocence, asserting that the previous Biju Janata Dal (BJD) government fabricated the charges to undermine his political standing.

The alleged incident occurred on February 15, 2022, during a sit-in protest by BJP supporters, where Mishra allegedly slapped the police officer after a heated exchange as she attempted to control the crowd. The case claims that Mishra used inappropriate language, touched the officer offensively, and slapped her. Consequently, he faces several charges, including those under Section 307 of the Indian Penal Code (attempt to murder), along with counts of outraging a woman’s modesty, criminal intimidation, defamation, wrongful restraint, and use of criminal force against a public servant. Mishra contends that he was the victim of aggression in the confrontation.

This recent denial of anticipatory bail follows an earlier rejection by the Orissa High Court on November 16, 2023. Mishra’s counsel argued that the allegations were politically motivated, orchestrated by adversaries to tarnish his reputation and create obstacles in his political career.

This decision underscores the Supreme Court’s stance on public accountability for elected officials, particularly concerning their conduct toward law enforcement personnel. As the case progresses, Mishra’s defense is expected to emphasize the alleged political motivations behind the charges.

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