Patna High Court grants bail to ISKCON monk from Nigeria accused of travelling without valid visa

The Patna High Court recently granted bail to a Nigerian monk associated with the International Society for Krishna Consciousness (ISKCON), who was found inside Indian territory near India-Nepal border without valid travel documentation [Agastin Chinet Nevot @ Agustine Chinendu Nwaodu v. The State of Bihar and Another]..Single-judge Justice Sandeep Kumar allowed his bail plea after considering the petitioner's submission that if granted bail, he will stay at ISKCON in Patna and co-operate with the trial procedure. "I have considered the submissions of the parties. It is not in dispute that the petitioner is from Nigeria but is a monk associated with International Society for Krishna Consciousness and is Resident of Janakpur Dham, Vihar Kund, Hanuman Mandir, Nepal. A certificate to this effect has been submitted by the Nepal ISKCON. Today, two sanyasis of Nepal in ISKCON namely, Purush Bhushan Das and Rameshwar Das have appeared in Court during the course of hearing. The President of Patna ISKCON namely, Krishna Kripa Das has also appeared in Court. It has been submitted on behalf of the petitioner that if granted bail, the petitioner may be directed to stay in ISKCON, Patna and co-operate in the trial. Considering the aforesaid, the application for bail is allowed," the Court said in its July 20 order. .The petitioner, Agustine Chinendu Nwaodu, was caught by Indian authorities while he was travelling with three Nepalese citizens near India-Nepal border, without valid travel documents. He was charged with having committed cheating and various other offences under the Indian Penal Code (IPC), the Foreigners Act, 1946 and the Passport Act, 1967. .Nwaodu's counsel submitted that Nwaodu is a resident of Nepal and a bona fide member of ISKCON at Janakpur Dham in Nepal. It was also submitted that after having been caught, Nowaodu produced his passport before the authorities.He further argued that if Nwaodu has been found to be without visa, he could be deported to his own country but he cannot be detained in a prison. He also explained that Nwaodu has been charged with offences of cheating etc. because the documents that he produced before the authorities were not not verified by the Government of Nepal.It was further contended that Nwaodu has committed no offence and is in jail since May, 2023 awaiting trial and that he cannot be denied a speedy trial..The Court noted that even though the Central government opposed the bail plea, it did not give any reason for the delay in trial of Nwaodu even though the prosecuting agency was the State of Bihar and not the Union of India.However, ASG Singh submitted that as per the Passport (Entry Into India) Rules, 1950, if the person has no valid visa then his passport shall also be treated as invalid for entering India. .The Court after considering the arguments of the parties, decided to allow Nwaodu' bail plea subject of furnishing bail bonds of ₹10,000 with two sureties of the like same amount. The Court also mandated that one of the bailors should be the President of ISKCON, Patna. The Court also allowed the the petitioner's request for the transfer of his trail from Sitamahri to Patna. .Advocates Kumar Harshvardhan, Sudhanshu Prakash and Kalpana appeared for Agustine Chinendu Nwaodu.Additional Solicitor General Dr. KN Singh, Senior Central Government Counsel Awadhesh Kumar Pandey, Central Government Counsel Arvind Kumar and advocates Lokesh and Abhijeet Gautam represented the Union of India. Assistant Public Prosecutor Jharkhandi Upadhyay represented the State of Bihar. .[Read Order]