A Special National Investigation Agency (NIA) court at Rouse Avenue in Delhi on Friday granted bail to American national Matthew Aaron VanDyke in a case involving allegations of illegal entry into Myanmar and the training of ethnic armed groups in drone warfare.

VanDyke filed his bail application after the NIA's latest chargesheet against him and six Ukrainian nationals did not invoke provisions of the Unlawful Activities (Prevention) Act (UAPA). Instead, the agency invoked Sections 21 and 23 of the Immigration and Foreigners Act (IFA). The development comes after VanDyke's 180-day period of judicial custody was scheduled to expire on September 8.

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UAPA Investigation Remains Ongoing

The NIA clarified that omitting UAPA provisions from the current chargesheet does not mean the terror investigation against VanDyke or the six Ukrainian nationals has been dropped or closed.

According to news agency ANI, citing sources, the investigation into offences under the UAPA remains ongoing against all seven accused. The Special Public Prosecutor had also told the court that the investigation was still underway and that a supplementary chargesheet could be filed if an offence under the UAPA is made out.

The agency stated that offences under the Immigration and Foreigners Act had already been established during its investigation, and it filed the chargesheet for those specific offences rather than let the custody period expire.

The chargesheet records that further investigation under the UAPA is ongoing, and the law allows submitting a supplementary chargesheet if additional evidence confirms further offences.

About The Case Against VanDyke

VanDyke and six Ukrainian nationals, Hurba Petro, Slyviak Taras, Ivan Sukmanovskyi, Stefankiv Marian, Honcharuk Maksim, and Kaminskyi Viktor, were arrested in March in connection with a case initially registered under Section 18 of the UAPA along with other legal provisions.

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According to the NIA, the group entered India on tourist visas, travelled through restricted zones without required permits, and illegally crossed into Myanmar. Investigators allege they were involved in training ethnic armed groups in drone warfare and broader combat tactics.

VanDyke, a self-described combat specialist and founder of the security organisation Sons of Liberty International (SOLI), was arrested at Netaji Subhas Chandra Bose International Airport on March 13.