The Supreme Court on Thursday dismissed an anticipatory bail petition moved by Bharatiya Janata Party (BJP) leader and Odisha MLA Jayanarayan Mishra for allegedly slapping a woman police officer. Misra is MLA from Sambalpur constituency.

A bench of Justices Hrishikesh Roy and SVN Bhatti refused anticipatory bail to Misra observing that those in leadership positions have to set an example for public behavior.

The case dates back to February 2023, when the BJP workers had organised a sit-in protest at Sambalpur Collectorate. When the protesting party workers were stopped by the police, a female police official approached Mishra but he allegedly used foul language and touched her inappropriately before slapping her on the cheek.

A criminal case was subsequently filed against the BJP MLA for outraging the modesty of a woman, defamation, obscenity, criminal intimidation, wrongful restraint and using criminal force on a public servant.

The top court had earlier granted him interim protection in the matter while the case was pending with it. However, after the apex court today rejected the anticipatory bail plea, the interim protection from arrest will no longer apply.

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

In November 2023, the Orissa High Court had denied anticipatory bail to the BJP leader in the case. He then moved the top court seeking relief. However, today the Supreme Court also refused anticipatory bail to him.

Mishra prayed for a pre-arrest bail from the top court contending that a custodial interrogation was not required in the case since the alleged incident took place in broad daylight and was also captured on video.

The BJP MLA alleged that the police lodged the above false cases against him only to harass and defame him.

 In the last hearing in February, Misra had told the top court that being an MLA and the Leader of the Opposition in the Odisha Legislative Assembly, he was performing his usual duties, and the Police never summoned him in connection with the incident.

After the subsequent Assembly elections, the BJP has formed the government in Odisha.