Recently, a single judge bench of the Orissa High Court granted bail to Prashant Jagdev, the newly elected BJP MLA from Khurda constituency. Jagdev had been arrested the previous month on allegations of vandalizing an Electronic Voting Machine (EVM) and misconduct towards polling officials.
Brief Facts:
The Presiding Officer at the polling booth in Kuanripatna, Bolagad block, where Prashant Jagdev is registered as a voter, lodged a complaint alleging that Prashant Jagdev attempted to vandalize the EVM and assaulted polling officials and a female voter after having to wait in the queue for a long time to cast his vote.
Following the complaint, an FIR was filed under various provisions of the IPC and the Representation of People Act, leading to Prashant Jagdev's arrest. He was initially denied bail by the lower court but was later granted a three-day interim bail to participate in the oath-taking ceremony. Consequently, this bail application has been filed.
Contentions of the Respondent:
It was argued that the Petitioner, being a voter at that booth, forcibly entered the polling booth and caused disturbances while polling was in progress.
Observations of the Court:
The Bench observed that, after reviewing the FIR and the case diary, the allegations appeared to be omnibus in nature, lacking specific details about the Petitioner's actions. The FIR only mentioned in general terms that he misbehaved with the Polling Officer and a female voter, without identifying the female voter.
Further, the Court noted that the term 'misbehaviour' is general in nature and has a very wide connotation. Therefore, in the absence of specific facts, the MLA could not be kept behind bars based on such omnibus allegations.
The decision of the Court:
The Bench, noting the facts and circumstances of the case granted bail to the Petitioner.
Case Title: Prasanta Kumar Jagdev vs. State of Odisha
Coram: Hon’ble Mr. Justice Sashikanta Mishra
Case No.: BLAPL No. 587 of 2024
Advocate for the Petitioner: Adv. Mr. Pitambar Acharya
Advocate for the Respondent: Adv. Mr. Priyabrata Tripathy
Read Judgment @LatestLaws.com:
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