As the National Investigation Agency (NIA) did not file a charge sheet covering the alleged terror offences within the mandatory 180-day period, a Delhi court on Friday granted default bail to U.S. national Matthew Aaron Van Dyke, who was arrested in March in connection with an alleged cross-border conspiracy involving ethnic armed groups in Myanmar.
Special Judge Prashant Sharma of the Rouse Avenue Court allowed Mr.
Dyke’s bail application after finding that the charge sheet filed by the NIA on September 8, which was also the deadline day, only invoked “piecemeal,” charges of Sections 21 and 23 of the Immigration and Foreigners Act rather than the more serious Section 18 of the Unlawful Activities (Prevention) Act (UAPA) under which Mr.
Dyke was originally booked.
No UAPA charges in NIA’s first charge sheet against Ukrainians, U.S. national accused of training armed groups in Myanmar “.... at this stage it cannot be concluded that applicant/ accused Matthew Aaron Vandyke is not entitled for default bail,” court said adding that the investigating agency cannot use an incomplete charge sheet to sidestep the default-bail provision under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Granting release, the court also directed Mr.
Dyke to furnish a personal bond and surety bond of ₹1 lakh each, subject to conditions including that he remain within the National Capital Territory of Delhi and not leave without the court’s permission.
He has been asked to refrain from influencing witnesses or tampering with evidence, keep the investigating officer informed of his address and an active phone number, and remain available for further questioning whenever required.
The order also noted that the same reasoning extends to Mr.
Dyke’s six Ukrainian co-accused, who remain in judicial custody, and directed that copies of the ruling be sent to them through jail authorities so they may pursue their own default bail applications.
Mr.
Dyke was arrested by the NIA on March 13, 2026, at Kolkata airport.
Six Ukrainian nationals, Hurba Petro, Slyviak Taras, Ivan Sukmanovskyi, Stefankiv Marian, Honcharuk Maksim and Kaminskyi Viktor, were also arrested in connection with the case at airports in Delhi and Lucknow.
According to the central agency, the accused entered India on tourist visas and travelled to the northeastern region without obtaining the mandatory permits.
It was alleged that they subsequently crossed illegally from Mizoram into Myanmar, where they were involved in training ethnic armed organisations.
The NIA had initially invoked provisions of the UAPA, including those relating to conspiracy, as part of its investigation into the alleged cross-border network.
During earlier hearings, the agency told the court that the accused had made significant disclosures while in custody about the alleged conspiracy.
The NIA also claimed that they were involved in assembling equipment and had targeted a passenger aircraft in Myanmar.
However, in its first charge sheet, the agency decided to drop the stringent UAPA provisions and only invoked Sections which are compoundable at the level of the Foreigners Regional Registration Office.
The court will hear Mr.
Dyke’s application seeking permission to leave India on September 22.