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Supreme Court Denies Anticipatory Bail to Odisha BJP MLA Accused of Assault

In a significant judgment, the Supreme Court today denied anticipatory bail to Odisha BJP MLA and former Leader of Opposition Jayanarayan Mishra, who faces allegations of slapping a woman police officer during a protest in 2023. A bench comprising Justices Hrishikesh Roy and SVN Bhatti passed the order, emphasizing that individuals in leadership positions are expected to set a public example.


The incident in question occurred during a protest at the Sambalpur Collectorate, where Mishra allegedly slapped a female officer who attempted to control the crowd. Following this, an FIR was filed against Mishra in February 2023. Mishra initially sought anticipatory bail from the Orissa High Court, which was denied, prompting him to move the Supreme Court.


Justice Bhatti, addressing the defense, questioned, "You slap an officer in public gaze… suppose we look at the video and decide, what will be your reaction?" This statement underscored the court's serious view of Mishra's alleged actions.


Mishra’s counsel, Advocate Saurav Agrawal, argued that the MLA was willing to cooperate with the investigation and noted that, despite the FIR, the State had not yet summoned Mishra for questioning. Agrawal also pointed out that Mishra had already been granted bail in other cases, and his current residence outside Sambalpur should not be interpreted as an attempt to evade the legal process. Nonetheless, the bench ruled that granting anticipatory bail could prejudice the investigation, as a fair inquiry is needed without interference.


Furthermore, Advocate Samapika Biswal, representing the Odisha government, initially suggested that the court could merely direct Mishra to cooperate. However, the bench, referencing the government’s counter-affidavit, noted strong opposition to bail based on Mishra's antecedents. Reiterating the need for leaders to exemplify responsible conduct, the court dismissed the anticipatory bail plea.


This decision reinforces judicial expectations of public behavior from elected officials, emphasizing that allegations of this nature must be professionally investigated without concessions that could potentially hinder due process.


*Case Title:* Jayanarayan Mishra v. The State of Odisha, SLP(Crl) No. 1145/2024





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