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US National Granted Bail in Terror Conspiracy Case
Confirmed
In Short: A Delhi court granted default bail to US national Matthew Aaron VanDyke, who was arrested in a terror-conspiracy case.
A Delhi court on Friday granted default bail to US national Matthew Aaron VanDyke, who was arrested in a terror-conspiracy case being investigated by the National Investigation Agency (NIA).
Special Judge Prashant Sharma granted VanDyke bail on a personal bond of ₹1 lakh and a surety of the same amount.
The NIA had told the court that the accused were being investigated in connection with a wide-ranging terror conspiracy involving alleged assistance to ethnic armed groups in India and Myanmar and the provision of drone training to them.
Earlier this month, the agency filed a chargesheet against VanDyke and six Ukrainian nationals for allegedly entering, staying, and moving within India illegally.
The NIA had initially registered the case under Section 18 of the Unlawful Activities (Prevention) Act (UAPA), which deals with punishment for conspiracy, along with relevant provisions of the Bharatiya Nyaya Sanhita (BNS).
VanDyke had sought default bail under Section 187(3) of the BNSS read with Section 43D(2) of the UAPA, stating that the investigation had not been completed within the prescribed period.
Represented by advocates Rohit Dandriyal and Rohit Gour, VanDyke’s legal team argued that the incomplete charge-sheet entitled him to default bail.
The court also observed that the six Ukrainian nationals arrested in the case would have a right to seek bail if they move appropriate bail applications.
The NIA had initially sought 11 days of custody of the accused, citing national security concerns, but VanDyke’s legal team argued that the statutory right to default bail could not be circumvented.
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.
What this adds
The court's decision highlights the complexities in granting bail in cases involving national security and the interpretation of anti-terror laws.
The NIA's decision to drop UAPA charges and file an incomplete chargesheet has raised questions about the agency's approach to the case.
The court's observation that the six Ukrainian nationals could seek bail if they move appropriate applications suggests that the case may see further legal challenges.
Background
Former CIA Director John Brennan has been subpoenaed to testify before a Florida grand jury as part of a Justice Department investigation into potential conspiracy against President Trump, coinciding with leadership shifts in the probe.
A Karnataka court granted anticipatory bail to three forest department personnel accused of killing three suspected poachers in an alleged encounter.
What's confirmed
- NEW DELHI: A Delhi court on Friday granted default bail to US national Matthew Aaron VanDyke, who was arrested in a terror-conspiracy case being investigated by the National Investigation Agency.
- Special Judge Prashant Sharma granted VanDyke bail on a personal bond of ₹1 lakh and a surety of the same amount.
- The NIA had told the court that the accused were being investigated in connection with a wide-ranging terror conspiracy involving alleged assistance to ethnic armed groups in India and Myanmar and the provision of drone training to them.
- 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.
What's still developing
- The court had on Thursday issued notice to the NIA on his bail application.
- The agency said the ongoing investigation could reveal the accused persons' "possible involvement in acts affecting/threatening the unity, integrity, security and sovereignty of India" or actions intended to create terror in any section of the population in a manner affecting India's interests.
- According to the chargesheet, the arrests were made not only to investigate the alleged larger conspiracy but also to determine whether the accused had links with insurgent groups operating in India's northeastern states.
- US national Matthew Aaron Van Dyke was arrested by the NIA at Kolkata airport, while Ukrainian nationals Petro Hurba, Taras Slyviak, and Ivan Sukmanovskyi were arrested at Lucknow airport on March 13.
- Three other Ukrainian nationals -- Marian Stefankiv, Maksim Honcharuk, and Viktor Kaminskyi were arrested at Delhi airport on the same day.
- "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 judge noted that, “… based on the abovementioned understanding of law and appreciation of facts, co-accused persons involved in this case, are also entitled to default bail, as per law,” he said.
- Nirbhay Thakur is a Senior Correspondent with The Indian Express who primarily covers district courts in Delhi and has reported on the trials of many high-profile cases since 2023.
- The Indian Express found that in 17 of 93 acquittals (which amounted to 85% of the decided cases) in Delhi riots cases, courts red-flag ‘fabricated’ evidence and pulled up the police.
- According to the Department of Homeland Security (DHS), Singh had an active warrant out of the Middle District of Pennsylvania for wire fraud and wire fraud conspiracy.
- After the completion of the criminal case, ICE plans to resume custody and begin removal proceedings.
- During the operation, driver Simranpal Singh presented his CDL to the ICE officer, who determined that he was an Indian national present in the U.S.
Sources
- Deccanchroniclelink
- Indiatvnewslink
- Redifflink
- The Indian Expresslink
- Cdllifelink
- Bnnbloomberglink
- NBC Newslink
- Independentlink
- Thenationallink
- Fox Newslink
- Wrallink
- WarpBeat — background on Former CIA Chief Brennan Subpoenaed in Trump Conspiracy Case Amid Leadership Changes link
- WarpBeat — background on Karnataka Forest Officials Granted Bail in Poacher Killing Case link