New Delhi [India], September 17 (ANI): US National Matthew Aaron VanDyke has moved a bail application on Thursday, seeking default bail. The Special National Investigation Agency (NIA) court at Rouse Avenue Court has issued notice to the NIA and sought a response by Friday.
The bail has been sought on the grounds that the offences under the Unlawful Activities (Prevention) Act (UAPA) have not been invoked in the charge sheet recently filed against him and six other Ukrainian nationals.
The NIA had filed a chargesheet before the Rouse Avenue court against six Ukrainian nationals and US citizen VanDyke in a case registered by the agency in March 2026. The case was initially registered under the UAPA. However, the UAPA provision has not been invoked in this chargesheet filed by the agency.The NIA’s Special Public Prosecutor (SPP) said that the investigation in this regard is still ongoing and the agency may file a supplementary chargesheet if an offence under the UAPA is made out.
Sources clarified that the chargesheet does not signifying complete dropping of terror charges as the investigation in this regard is ongoing.
Matthew Aaron Van Dyke and six Ukrainian nationals were arrested in March 2026 in a case originally registered under Section 18 of the UAPA, along with other offences, over allegations concerning illegal entry into Myanmar and drone-warfare training of ethnic armed groups.
Sources have told ANI that, NIA has not dropped the terror investigation against any of the seven accused. Investigation into offences under the UAPA is continuing against all of them. Sources said that the NIA has filed a chargesheet under the Immigration and Foreigners Act (IFA) because those offences have already been fully established during the investigation till now.
Under the UAPA framework, the investigating agency can have up to 180 days to complete investigation while an accused remains in custody, subject to the statutory process. If the requisite chargesheet is not filed within the applicable period, the accused can seek statutory bail. In the case of VanDyke, the statutory period of 180 days of judicial custody was getting over on September 8.
Sources say, by this stage, the offences under the Immigration and Foreigners Act had already been fully established. The NIA therefore filed a chargesheet for those offences rather than allow the statutory period to expire. Sources clarified that this should not be confused with closure of the larger investigation.Importantly, the chargesheet itself records that investigation under the UAPA continues. The law also permits further investigation after the filing of a chargesheet and the filing of a supplementary chargesheet where additional evidence establishes further offences.
Therefore, sources say, the fact that UAPA provisions are not part of the present IFA chargesheet does not mean that the UAPA investigation has been withdrawn, abandoned or closed.
Sources also clarified that US Diplomats raising the case of one of its detained citizens is also entirely normal diplomatic practice. India’s own MEA states that whenever an Indian is arrested overseas, Indian missions approach the local foreign office and authorities for consular access, legal assistance, fair treatment and even speedy trial where appropriate. Consular access to detained nationals is also specifically recognised under the Vienna Convention.
VanDyke, a self-described combat specialist and founder of security firm Sons of Liberty International (SOLI), was arrested at Netaji Subhas Chandra Bose International Airport on March 13. (ANI)
Related reading
