Delhi court grants default bail to US national (Img: X)
New Delhi: A Delhi court on Friday granted default bail to US national Matthew Aaron Van Dyke, who was arrested along with six Ukrainian nationals in a case being investigated by the National Investigation Agency (NIA) over alleged terror training activities linked to Myanmar.
Special Judge Prashant Sharma of the NIA court at Rouse Avenue Court allowed Van Dyke’s bail plea after he argued that the investigation had not been completed within the legally prescribed period. The court directed him to furnish a personal bond of Rs 1 lakh and one surety for the same amount.
As part of the bail conditions, Van Dyke has been directed not to leave Delhi after his release. He will also have to appear before the NIA whenever summoned in connection with the ongoing investigation.
The court further observed that the six Ukrainian nationals arrested in the same case would also be entitled to default bail on similar grounds.
The development follows the NIA filing a chargesheet earlier this month against Van Dyke and the six Ukrainian citizens. The agency accused the seven foreign nationals of offences related to their alleged illegal entry, stay and movement in India.
However, the chargesheet did not invoke provisions of the Unlawful Activities (Prevention) Act (UAPA) against the accused.
According to the chargesheet, the accused face allegations under Sections 21 and 23 of the Immigration and Foreigners Act. Section 21 deals with entering India without a valid passport or other required travel documents.
While filing the chargesheet, the NIA indicated that its investigation into the alleged wider terror conspiracy was still incomplete.
The agency stated, "More time is required to ascertain and verify the true and complete facts about the commission of offences under the UAPA."
The NIA has told the court that the seven accused were being investigated in connection with a broader alleged conspiracy involving assistance to ethnic armed groups operating in India and Myanmar. The probe also includes allegations of providing drone training to such groups.
Van Dyke’s bail plea specifically relied on the delay in completing the investigation within the prescribed legal period, forming the basis for his claim to default bail. The court had issued notice to the NIA on Thursday before granting him relief on Friday.
The case involves seven foreign nationals — Van Dyke and six Ukrainian citizens — arrested over alleged terror-training activities linked to Myanmar.
The NIA has alleged a wider conspiracy involving ethnic armed groups and drone training, but its chargesheet invoked provisions of the Immigration and Foreigners Act and acknowledged that more time was required to establish the complete facts concerning possible UAPA offences.
The court’s observation regarding the six Ukrainian accused means all seven accused are entitled to default bail on the ground that the investigation was not completed within the prescribed period.
The order, however, does not bring the NIA investigation to an end. The agency has indicated that it requires additional time to ascertain and verify facts relating to the alleged offences under the UAPA.
Delhi court grants default bail to US national
