Court grants bail to US national in ‘terror conspiracy’ case
On September 18, a Delhi court granted default bail to US citizen Matthew Aaron VanDyke, who is among seven foreign nationals arrested in March on terror conspiracy charges. Special NIA Judge Prashant Sharma ruled that the chargesheet filed by the National Investigation Agency (NIA) was incomplete, citing only Sections 21 and 23 of the Immigration and Foreigners Act, 2025, while the investigation into offenses under the Unlawful Activities (Prevention) Act (UAPA) remained ongoing.
The judge emphasized that the investigating agency could not deny default bail to VanDyke based on an incomplete chargesheet, as per Section 187(3) of the BNSS (earlier Section 167(2) of the CrPC). Represented by attorneys Rohit Dandriyal and Rohit Gour, VanDyke sought default bail under Section 187(3) of the BNSS and Section 43D(2) of the UAPA, which allows for a 180-day investigation period for terror cases, provided the public prosecutor submits a satisfactory report.
VanDyke was apprehended on March 13, and the investigation period expired on September 8, the day the NIA submitted its chargesheet. The judge concluded that VanDyke, along with his co-accused, were entitled to default bail based on the court's interpretation of the law and the facts presented.
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