New Delhi: A Delhi court on Friday granted default bail to US national Matthew Aaron VanDyke, arrested in a National Investigation Agency case over alleged drone warfare training provided to ethnic armed groups in Myanmar. The order came after the agency’s first chargesheet invoked immigration law offences but did not include provisions of the Unlawful Activities (Prevention) Act (UAPA), under which further investigation is continuing.
The special NIA judge, Prashant Sharma, of the Rouse Avenue court granted VanDyke bail on a personal bond of ₹1 lakh and one surety of the same amount. He was directed to remain in Delhi after release and appear before the investigating officer whenever required.
The court described the NIA’s September 8 chargesheet as “piecemeal” because it dealt only with Sections 21 and 23 of the Immigration and Foreigners Act, 2025, while investigation into the alleged UAPA offences remained incomplete. It held that the agency could not use an incomplete chargesheet to circumvent the default bail provision under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita.
The NIA had earlier secured an extension of the investigation period from 90 days to 180 days under Section 43D(2) of the UAPA. Default bail is a statutory right that may arise when an investigation is not completed and the required final report is not filed within the prescribed period. In this case, the court treated the September 8 filing as incomplete in relation to the continuing UAPA investigation.
UAPA investigation remains open
The NIA has maintained that the absence of UAPA provisions from the first chargesheet does not close the anti-terror investigation. As RNA Media reported earlier, the agency’s September 8 chargesheet invoked only the Immigration and Foreigners Act, while it told the court that further investigation into possible UAPA offences was continuing and could result in a supplementary chargesheet.
The NIA said more time was required to ascertain and verify the complete facts relating to possible UAPA offences and sought permission to continue further investigation.
According to the NIA, VanDyke and six Ukrainian nationals allegedly travelled to Mizoram without the required permits before crossing into Myanmar, where they were accused of providing drone related training to ethnic armed groups. These allegations have not been established at trial.
The court also observed that the six Ukrainian co-accused could seek default bail on similar grounds if they move appropriate applications. Friday’s order concerns VanDyke’s statutory entitlement to bail and does not amount to acquittal or a finding on the merits of the NIA’s continuing investigation.