Why VanDyke and 6 Ukrainians got default bail despite ongoing UAPA probe

American national Matthew Aaron VanDyke and six Ukrainian nationals have been allowed to leave India temporarily after nearly six months in custody, even as the National Investigation Agency's probe into alleged UAPA offences against them continues.

A Delhi Special NIA Court granted the accused default bail after the agency's first chargesheet did not include offences under the Unlawful Activities (Prevention) Act. Instead, the chargesheet filed on September 8 invoked Sections 21 and 23 of the Immigration and Foreigners Act, 2025.

The NIA has maintained that its investigation into the alleged UAPA offences is still underway.

How the 180-day deadline became crucial

VanDyke was arrested on March 13, 2026, along with the six Ukrainians in a case concerning alleged links to a training mission involving Myanmar-based ethnic armed groups.

The NIA alleged that the accused entered India in December 2025 and travelled towards Mizoram without the required permits before crossing into Myanmar. The agency further alleged that they reached Victoria Camp for training involving drones, drone warfare, assembly and jamming technology.

VanDyke was initially booked under Section 18 of the UAPA.

However, when the 180-day investigation period expired, the NIA filed its first chargesheet only for immigration-related offences and kept the UAPA investigation open. The court described this as a “piecemeal" chargesheet.

Under Section 43D(2) of the UAPA, the investigation period in certain cases can extend up to 180 days, subject to statutory requirements. With no UAPA chargesheet filed within that period, the court granted VanDyke default bail on September 18. The six Ukrainian co-accused were subsequently granted similar relief.

Why were they allowed to travel abroad?

The court then considered whether the accused could leave India while the investigation continued.

It noted that the right to travel abroad forms part of the fundamental right to life and personal liberty under Article 21. At the same time, the court imposed conditions rather than allowing unrestricted travel.

The NIA had not indicated that VanDyke or the six Ukrainians would need to remain physically present in India immediately to assist with the investigation.

One month abroad, strict conditions

VanDyke has been permitted to travel to the United States, while the six Ukrainians can travel to Ukraine for one month from the date of their departure.

They must return to India after the one-month period and inform the court of their return within 72 hours. They have also been directed to provide their residential addresses, working mobile numbers and email addresses to the NIA within 24 hours.

The accused must cooperate with the investigation through video-conferencing or appear physically whenever required.

UAPA probe remains open

The court's orders do not amount to an acquittal or a finding that the allegations are false. The NIA can continue investigating the alleged UAPA offences and take further legal steps in accordance with law.

For now, the accused remain out of custody and can temporarily return home while the investigation continues.