No Relief For Odisha MLA Prashant Jagdev As Court Rejects His Bail Plea In EVM Toppling Case
Bhubaneswar: In a blow for Chilika MLA and BJP Khurda MLA candidate Prashant Jagdev, the Khurda Additional District Sessions-II court on Friday rejected his bail plea in the electronic voting machine (EVM) vandalism case.
Jagdev was arrested on May 26 for allegedly toppling an EVM and manhandling two polling personnel in booth no 114 of Kaunripatana under Bolagarh block under Bengunia Assembly constituency while polling was on during the third-round elections on May 25. In addition to Sections 131, 132, 135, 136 of Representation of People’s Act, he has also been charged under Sections 294 (use of abusive, humiliating or defamative words), 506 (criminal intimidation), and 354 354 (assault or criminal force to woman with intent to outrage her modesty) of the IPC.
He is currently lodged in Khurda jail and may move the Orissa High Court, seeking a bail in the case, sources said.
Earlier speaking to the media, senior advocate Pitambar Acharya, representing Jagdev, said that the sitting MLA was innocent. “Police arrested him without an FIR like a criminal. There was no evidence against him at the time of his arrest. The case was registered later by pressurising the presiding officer. He was made to sit on the floor at the police station and also refused water. Late in the night at around 12.30, they woke up the magistrate and forwarded him to court. He could have been granted bail at the police station in accordance with Supreme Court order and CrPC provision in case of offence of less than 7 years of sentence. However, the drama was created at the booth during the polling to create an impact in other districts,” he alleged.
He also questioned police inaction in another poll violence involving a BJD MLA, who assaulted a BJP worker at Chhendipada. “Bharatiya Janata Yuva Morcha (BJYM)’s Odisha unit president Abhilash Panda also suffered injuries after allegedly being attacked by BJD activists in Chandabali Assembly segment yesterday. Two BJP workers were killed in Khallikote and Bargarh during the polls. However, no exemplary action has been taken against those involved in these incidents,” he further alleged.
The BJP has termed Jagdev’s arrest as a conspiracy by the ruling BJD. Bhubaneswar MP Aparajita Sarangi also shared a purported CCTV footage of the polling booth where the incident took place to prove his innocence.
On the other hand, the BJD also moved the Chief Electoral Officer (CEO) of Odisha with new videos of the BJP Khurda MLA candidate while allegedly threatening poll officials on duty.
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