Supreme Court denies anticipatory bail to Odisha BJP MLA accused of beating up a woman police officer

The Supreme Court today rejected the anticipatory bail plea of Odisha BJP MLA and ex-opposition leader Jayanarayan Mishraaccused of punching a female police officer during a protest in 2023.

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

“At the material time, the petitioner was Leader of the Opposition and is currently a Member of the Odisha Legislative Assembly. People in leadership positions must set an example for public behavior. The allegations against the petitioner are serious and require a professional investigation by the police, which could be jeopardized if the petitioner were granted early bail.”

To briefly summarize the facts of the case, in 2023, a protest was held in front of the Sambalpur Collectorate. At the same time, police officers tried to stop protesters as they approached the office gate. A female police officer approached Mishra, but he allegedly hit her and used disrespectful language. After that, an FIR was filed against him in February 2023.

Mishra approached the Orissa High Court seeking interim bail but it was rejected. He challenged the High Court order and 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 from the Odisha government.

Today, Lawyer Saurav Agrawalfor Mishra, the court was informed that the State has recorded statements of all witnesses, except Mishra, who has not been called to date. He further claimed that Mishra is willing to cooperate in the investigation and in other cases where he has been charged, he has been granted bail.

It was also alleged that Mishra is currently staying outside Sambalpur, where the FIR was registered, and the same should not be seen as an attempt to circumvent due process of law.

Hearing Agrawal, Justice Bhatti stated: “You hit a cop in public…there is a video…suppose we look at the video and decide, what will your response be?”

Ultimately, the court rejected the plea for anticipatory bail on the ground that it required a fair investigation, which could be prejudicial if the prayers were granted relief.

Especially when Lawyer Samapika Biswalfor the State of Odisha, argued that the Court should only ask Mishra to cooperate with the investigation, the court concluded that a concession was made to him. Dismissing the same, it has taken the counsel through the counter affidavit filed earlier on behalf of the State, when the Biju Janata Dal formed the government in Odisha, opposing the grant of anticipatory bail and explaining Mishra’s antecedents.

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