|
A Special NIA Judge at the Rouse Avenue court on Friday granted default bail to US National Matthew Aaron Vandyke after noting that the NIA has filed an incomplete charge sheet in the Myanmar Terror Training Camp case.
However, the accused has been chargesheeted for offences under sections 21 and 23 of the Immigration and Foreigners Act. Vandyke was arrested on March 13 by the National Investigation Agency (NIA) for the alleged offence under UAPA. The court noted that Vandyke was in custody for more than 180 days. However, the NIA could not file a charge sheet under UAPA against Vandyke, and further investigation is still on. After noting all the facts and circumstances, Special Judge Prashant Sharma granted bail to Matthew Aaron Vandyke. Special Judge said, "In the wake of further investigation being carried out by NIA with respect of offences under UAPA, at this stage it cannot be concluded that accused MatthewAaron Vandyke is not entitled for default bail." "As such, the investigating agency cannotcircumvent section 187(3) BNSS by filing anincomplete charge-sheet, for the purpose of denying default bail to accused Matthew Aaron Van Dyke," Special Judge Prashant Sharma said. The court ordered, "After considering all the facts and record of this case, accused Matthew Aaron Van Dyke is admitted to bail, on his furnishing Personal Bond/ Surety Bond in the sum of Rs. 1,00,000 each subject to the satisfaction of this court." The accused was booked by NIA under Section 18 of UAPA. He was arrested on March 13. The court said that as per Section 43D(2) provision (1) of UAPA, investigation should have been completed within 180 days from the date of arrest of the accused, which ended on 08.09.2026. NIA filed anincomplete charge-sheet on 08.09.2026 as it was filed with respect to Sec. 21& 23 of the Immigration and Foreigners Act, 2025. It was the stand of NIA that further investigation with respect to offences under UAPA is still continuing.The accused filed the present plea for seeking default bail, stating that in the wake of the said incomplete charge-sheet, applicant/ accused is entitled for default bail, the court said. The applicant has sought default bail. It is an admitted position that NIA could not complete the investigation with regard to UAPA offences within the statutory period of 180 days. Advocate Rohit Dandriyal and Rohit Gour, the Counsels for Vandyke, submitted that he is ready and willing to furnish a personal bond and a surety bond, as directed by this court. (ANI)
|
