The apex court rejected an anticipatory bail plea on Thursday filed by senior BJP leader and Sambalpur MLA Jayanarayan Mishra in connection with the alleged assault on an on-duty female cop in the district. The incident had occurred on February 15, 2023.
According to sources, both the woman IIC and legislator Mishra had lodged separate FIRs against each other. However, the BJP leader previously moved the Supreme Court after his bail petition was rejected by the Orissa High Court in Cuttack.
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“Let me receive the Supreme Court order and review its details. Thereafter, I will be able to give my comments on it,” the senior BJP leader expressed.
When asked who assaulted and whom, the MLA stated, “Since the police were present on the spot and the BJD-led government was in power, a false case was knowingly registered against me. In case of any confrontation with police, obviously, the cops will interpret the act as an ‘obstruction of government duty', an attack on police, and Section 307.”
“Section 307 does not apply in that case,” the MLA said mediapersons.
“The case was listed for hearing by the Supreme Court today and the State government’s counsel (prosecution) informed the Court that a custodial interrogation is not required in this. An anticipatory bail petition is usually filed when there is ‘anticipation’. Hence, filing a bail plea makes no meaning. Considering the Government’s submission, the top court disposed of the matter,” defence lawyer Sarthak Nayak stated.
“Following the FIR, no action was taken for nearly a year and a half, which implies that the FIR had no merit at all. A prima facie evidence is needed to interrogate a person. The previous government had not felt like quizzing the accused as there was no evidence,” the defence counsel added.
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Worth mentioning, the inspector-in-charge (IIC) of Dhanupali Police Station Anita Pradhan was deployed during a sit-in protest by BJP workers led by legislator Mishra in front of the Collectorate in Sambalpur district, when she had alleged assault on her.