Supreme Court denies anticipatory bail to Odisha BJP MLA accused of slapping woman cop

The Supreme Court on Thursday dismissed an anticipatory bail application filed by Odisha State legislator and Bharatiya Janata Party (BJP) leader Jayanarayan Mishra in connection with a case lodged against him after he allegedly slapped a woman police officer [Jayanarayan Mishra vs State of Odisha and ors].

The Bench of Justices Hrishikesh Roy and SVN Bhatti dismissed Mishra's plea today, after observing,

"Those in leadership positions have to set example for public behavior," the Court said while rejecting the plea.

The case against Mishra is rooted in developments that took place on February 15 last year in front of the Sambalpur Collectorate, where the BJP was organising a sit-in protest.

The agitators were stopped by the police when they rushed towards the gate of the office. A female police official approached Mishra but he allegedly used profane language against her, touched her inappropriately, and slapped her on the cheek.

The criminal case subsequently lodged against Mishra cited the offences of outraging the modesty of a woman, defamation, obscenity, criminal intimidation, wrongful restraint and using criminal force on a public servant in the case against him.

Mishra denied the allegations and reportedly counter-alleged that it was the woman officer who had misbehaved and assaulted him.

The Orissa High Court had denied him anticipatory bail in the matter on November 16, 2023, which prompted the legislator to approach the Supreme Court for relief.

Before the Supreme Court, the BJP leader's counsel argued that there was no need for a custodial interrogation in the case since the alleged incident took place in broad daylight and was captured on video.

The case also involves omnibus allegations, the Court was told.

"The police being ill-advised by some inimical persons of the petitioner lodged the above false case only to harass and defame the petitioner," Mishra's plea stressed.

The Court had earlier granted him interim protection in the matter. However, this protection will come to an end with today's dismissal of Mishra's plea.

Senior Advocate Maninder Singh with advocates Sarthak Nayak and Satish Kumar appeared for Mishra.