New Delhi, Sep 18 A Delhi court on Friday granted default bail to US national Matthew Aaron Van Dyke, arrested in connection with a case registered by the National Investigation Agency (NIA) related to a drone warfare training camp linked to ethnic armed groups in Myanmar.
Special NIA Judge Prashant Sharma granted bail to Van Dyke on a personal bond of Rs 1 lakh and one surety of the same amount. The court directed Van Dyke to remain in Delhi and made it mandatory for him to join the investigation whenever called by the investigating officer.
Dyke was represented by advocates Rohit Dandriyal and Rohit Gour before the court. "My client is ready to cooperate with the investigating agency and will follow all the directions given by the court," Dandriyal informed PTI after the bail hearing.
The court also observed during the in-camera proceedings that the six Ukrainian nationals arrested in the case would have a right to seek bail if they move appropriate bail applications.
Van Dyke had sought default bail under BNSS Section 187(3) (default bail framework) read with Section 43D(2) (special modification) of the Unlawful Activities (Prevention) Act (UAPA).
The plea was based on the statutory right to default bail arising from the time prescribed for completion of an investigation.
The UAPA permits the investigation period in terror-related offences to be extended up to 180 days by a Special Court on a satisfactory report of the Public Prosecutor.
The NIA had investigated the case as involving alleged UAPA offences for 180 days after obtaining an extension from the court. However, in its first chargesheet, it invoked provisions of the Immigration and Foreigners Act, while stating that the UAPA probe was continuing.
The NIA has filed a chargesheet against seven foreign nationals in the case but has not invoked provisions of the UAPA in the chargesheet.
The agency, in its chargesheet filed on September 8, invoked Sections 21 (penalty for unauthorised entry) and 23 (penalty for visa overstay and general contraventions) of the Immigration and Foreigners Act, 2025, against the seven accused, including six Ukrainians.
The sections invoked by the agency are compoundable before the Foreigners Regional Registration Office (FRRO).
The NIA had told the court that the accused are being probed for a wide-ranging terror conspiracy, including assistance to ethnic armed groups in India and Myanmar, and imparting drone training to them.
During the hearing, NIA had said the investigation into offences under the UAPA had been kept pending for further probe, and the agency could file a supplementary chargesheet if an offence under the anti-terror law was established.
In its September 8 submission, the agency said a substantial part of the further investigation into alleged offences under the UAPA had been completed but more time was required to ascertain the complete facts, particularly in view of the import and recovery of a large quantity of drones and accessories through India.
According to the NIA, the accused had illegally entered Myanmar through Mizoram without valid travel documents and allegedly participated in a pre-scheduled training programme involving drone warfare, drone operations, assembly and jamming technology for Myanmar-based Ethnic Armed Groups targeting the Myanmar military junta.
The agency has also alleged violations of Sections 3 (requirement of passport, travel documents, and visa) and 7 (power to issue orders, directions, or instructions) of the Immigration and Foreigners Act, 2025, which deal with requirements concerning travel documents for entry into India.
The NIA has further alleged that several consignments of drones originating from Europe were delivered by the accused to individuals and groups in Mizoram.
