'Leaders Expected To Set Example' : Supreme Court Denies Anticipatory Bail To Odisha BJP MLA Accused Of Slapping Woman Police Officer

The Supreme Court today dismissed the anticipatory bail plea of Odisha BJP MLA and ex-Leader of Opposition Jayanarayan Mishra, accused of slapping a woman police officer during a protest in 2023.

A bench of Justices Hrishikesh Roy and SVN Bhatti passed the order, noting that grant of anticipatory bail to Mishra could prejudice the investigation. The order was dictated thus:

"At the relevant time, petitioner was Leader of the Opposition and is currently a Member of Odisha Legislative Assembly. People in leadership positions must set an example for public behavior. The allegations against the petitioner are serious and would require a professional investigation by the police, which might be prejudiced in the event of granting anticipatory bail to the petitioner."

To briefly state facts of the case, in 2023, a protest was held in front of the Sambalpur Collectorate. During the same, police officers attempted to stop protestors when they approached the office gate. A female police officer approached Mishra, but allegedly, he slapped her and used disrespectful language. Thereafter, an FIR was lodged against him in February, 2023.

Mishra approached the Orissa High Court for anticipatory bail, but the same was denied. Assailing the High Court order, he approached the Supreme Court. Initially, a division bench of Justices Roy and Prashant Kumar Mishra granted interim protection from arrest to Mishra and sought response of the Odisha government.

Today, Advocate Saurav Agrawal, for Mishra, apprised the Court that the State has recorded statements of all witnesses, except Mishra, who has not been summoned till date. He further submitted that Mishra is willing to cooperate with the investigation and in other cases where he is arraigned, he has been granted bail.

It was also contended that Mishra is currently residing outside Sambalpur, where the FIR was registered, and the same must not be seen as an attempt to avoid due process of law.

Hearing Agrawal, Justice Bhatti posed, "You slap an officer in public gaze...there is a video...suppose we look at the video and decide, what will be your reaction?"

Ultimately, the bench rejected the plea for anticipatory bail, considering that a fair investigation was required, which may be prejudiced if the prayed relief was granted.

Notably, when Advocate Samapika Biswal, for State of Odisha, submitted that the Court may only ask Mishra to cooperate with the investigation, the bench gathered that a concession was being given to him. Deprecating the same, it took the counsel through the counter-affidavit filed earlier on behalf of the State, when the Biju Janata Dal formed government in Odisha, opposing the grant of anticipatory bail and detailing Mishra's antecedents.

Case Title: JAYANARAYAN MISHRA v. THE STATE OF ODISHA, SLP(Crl) No. 1145/2024