US national Matthew Aaron VanDyke, an accused in the Myanmar training camp case, has sought a Delhi court’s permission to travel to the US. He was granted default bail after the NIA filed an incomplete charge sheet regarding UAPA offences.
US national Matthew Aaron VanDyke, an alleged accused in the Myanmar training camp case, has moved an application before a Delhi court seeking permission to travel to the United States to meet his family. VanDyke has also moved another application seeking permission to furnish a cash bond in lieu of a surety bond.
A report from the Foreigners Regional Registration Office (FRRO) has been received by the court in a sealed envelope. The matter relating to offences under the Immigration and Foreigners Act has been compounded. Special NIA Judge Prashant Sharma is scheduled to hear the applications at 2 PM on Tuesday.
The court had earlier granted default bail to Vandyke, subject to furnishing a personal bond of Rs 1 lakh and a surety bond of the same amount.
The National Investigation Agency (NIA) had arrested VanDyke on March 13 in connection with alleged offences under the Unlawful Activities (Prevention) Act (UAPA). Six Ukrainian nationals are also in custody in the case.
Default Bail Granted on Incomplete Charge Sheet
The NIA has filed a charge sheet without invoking UAPA provisions and has instead invoked Sections 21 and 23 of the Immigration and Foreigners Act, 2025. On September 18, the Special NIA court granted default bail to VanDyke after noting that the NIA had filed an incomplete charge sheet with regard to the alleged UAPA offences.
The court noted that VanDyke had remained in custody for more than 80 days and that the NIA had not filed a charge sheet under the UAPA, while further investigation was continuing.
The court observed that the investigating agency could not circumvent Section 187(3) of the BNSS by filing an incomplete charge sheet to deny default bail to the accused.
The court said, “In the wake of further investigation being carried out by NIA with respect of offences under UAPA, at this stage it cannot be concluded that accused Matthew Aaron VanDyke is not entitled to default bail.”
“As such, the investigating agency cannot circumvent section 187(3) BNSS by filing an incomplete charge-sheet, for the purpose of denying default bail to accused Matthew Aaron VanDyke,” Special Judge Prashant Sharma said.
The court ordered that VanDyke be admitted to bail on furnishing a personal bond and surety bond of Rs 1 lakh each, subject to the satisfaction of the court.
The court also noted that under Section 43D(2) of the UAPA, the investigation was required to be completed within the statutory period of 180 days, which ended on September 8, 2026. The NIA filed the charge sheet on September 8 in relation to offences under Sections 21 and 23 of the Immigration and Foreigners Act. The NIA had maintained that further investigation into the alleged UAPA offences was still continuing.
Vandyke’s counsel, advocates Rohit Dandriyal and Rohit Gour, submitted that he was ready and willing to furnish the personal and surety bonds as directed by the court. (ANI)
(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)