Case:- The State of Jharkhand vs. Alex David @ M.U. Henry & Anr.
Citation:- SLP(Criminal) 8629/2022
Date:- 26.08.2025
Supreme Court Bench:- Justice Dipankar Datta and Justice Augustine George Masih
The Hon’ble Supreme Court disposed of a bail cancellation matter where the presence of a foreign national was unable to be secured as the accused jumped bail in a cyber fraud case and fled to Nigeria. The Hon’ble Court left the option open for the Union to formulate a policy to ensure that foreign nationals do not flee the process after committing crimes.
- A Nigerian national, accused in a 2019 cyber fraud case, was granted bail by the Hon’ble Jharkhand High Court in May 2022, but later violated bail conditions and fled to Nigeria.
- The Hon’ble Supreme Court cancelled his bail in Dec 2024, noting that he had absconded and the State could not trace him.
- The Hon’ble Court expressed concern to the Union Government that many foreign nationals commit crimes in India, get bail, and then abscond, making trials meaningless.
- The Union informed SC that it had sent a request to Nigerian authorities through “Assurance of Reciprocity,” but since India has no extradition treaty with Nigeria, his return is unlikely.
- The Court said the Union must frame a policy or guidelines to ensure foreign nationals do not escape justice in India after getting bail, and finally disposing the matter.
