BHUBANESWAR: The Orissa High Court declined to entertain Sambalpur MLA Jayanarayan Mishra’s anticipatory bail application in a case registered against him for allegedly abusing a tehsildar during an eviction drive near Durgapali within Khetrajpur police limits on February 15, 2022.
However, the single judge bench of Justice Debabrata Dash said, “In the event the petitioner surrenders before the trial court and prays for grant of regular bail, the same shall be considered on its own merit without being influenced by this order and disposed of early in accordance with law.”
The case, registered under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and some sections of Indian Penal Code, is pending before special judge, Sambalpur. Mishra had filed his petition on October 17, 2023.
When the matter was taken up for hearing on November 16, Mishra’s counsel SC Mohapatra filed an affidavit along with medical documents which stated the legislator is suffering from illness and in view of his deteriorating health condition, he was admitted to a hospital at Kolkata on October 20, 2023.
“No useful purpose would be served by arrest and likely detention of the petitioner in the case which relates back to the incident which took place in February, 2022”, Mohapatra submitted while urging for grant of anticipatory bail to Mishra. Additional government advocate Janmejaya Katikia submitted as of now 13 cases including the case at hand are registered against the petitioner in different police stations of Sambalpur and Bargarh districts.
The alleged incident occurred when an eviction drive was on for implementation of the state government’s SAMALEI scheme on February 15, 2022. Jayanarayan along with his supporters reached the spot and reportedly tried to stop the work. An argument ensued between the BJP workers and officials present there and Jayanarayan allegedly misbehaved with Sadar tehsildar Laxman Amat.