NEW DELHI: A Delhi court on Friday granted default bail to US national Matthew Aaron Van Dyke, arrested in a terror-conspiracy case being probed by the National Investigation Agency (NIA).
Special Judge Prashant Sharma granted bail to Van Dyke in an in-chamber proceeding on a personal bond of Rs 1 lakh, and a surety in the like amount.
The judge further directed that Van Dyke shall not leave Delhi, will cooperate with the investigation, and appear as and when called by the court and the investigating agency.
Van Dyke had approached the court seeking bail, claiming that the Unlawful Activities (Prevention) Act (UAPA) charges, earlier claimed in the case, have not been invoked in the chargesheet filed against him.
His counsel told the court that the NIA had taken an extension of up to 180 days to complete its probe and file the charge sheet on the ground of the case involving the UAPA.
However, the charge sheet has been filed under the Foreigners Act, and not the UAPA, the counsel said.
According to law, a prosecuting agency has to file a charge sheet within 90 days from the day of an accused’s arrest, failing which he/she will be entitled to bail. The period may be extended in certain cases, including those lodged under UAPA, with court’s permission.
The counsel argued that getting bail was Van Dyke’s right.
Earlier this month, the NIA filed a chargesheet against Van Dyke and six Ukrainian citizens for alleged illegal entry, stay, and movement in India, but did not invoke the anti-terror law Unlawful Activities (Prevention) Act (UAPA).
The NIA chargesheet accused the seven of offences under sections 21 (prescribing the penalty for entry into India without a valid passport or other travel documents) and 23 of the Immigration and Foreigners Act, and said, "More time is required to ascertain and verify the true and complete facts about the commission of offences under the UAPA."
The NIA had told the court that the accused were being probed for a wide-ranging terror conspiracy, including assistance to ethnic armed groups in India and Myanmar, and imparting drone training to them.
