NIA Court Lets ‘Deep State’ Agent Matthew VanDyke Leave India For A Month Amid UAPA Probe

New Delhi: A Delhi court on Thursday permitted US national Matthew Aaron VanDyke and six Ukrainian nationals to travel back to the US and Ukraine, respectively, nearly two weeks after the National Investigation Agency (NIA) filed a chargesheet against them only for alleged immigration violations.

The seven had been arrested under the Unlawful Activities (Prevention) Act (UAPA), but the NIA’s September 8 chargesheet invoked only Sections 21 and 23 of the Immigration and Foreigners Act, 2025. The agency has said its investigation into the alleged UAPA offences is still continuing.

Court Allows Seven To Travel Abroad

Special Judge Prashant Sharma of the Rouse Avenue Courts allowed applications filed by VanDyke and the six Ukrainians through advocates Rohit Dandriyal and Rohit Gour. The applications sought the release of their passports and permission to return to their respective countries.

As part of the order, the seven have been given 30 days to complete their travel arrangements, including booking their flights. They must also inform the NIA within 24 hours of their address abroad and provide details of a close contact so that the agency can reach them if required during the investigation.

The permission comes days after the court granted relief to the accused in the case. The six Ukrainian nationals were granted default bail on Wednesday, while VanDyke had received default bail the previous week.

The court had observed that the NIA’s chargesheet was “piecemeal”, since it dealt only with the immigration offences while the investigation into alleged UAPA violations remained underway.

Six Ukrainians Discharged In Immigration Case

The six Ukrainians were also discharged on Wednesday in relation to Sections 21 and 23 of the Immigration and Foreigners Act after the immigration offences were compounded before the Foreigners Regional Registration Office (FRRO).

The six paid a penalty of ₹5.5 lakh in connection with the immigration violations. The court also directed that a cash bond of ₹1 lakh be furnished at the time of their release. Their bail conditions were subsequently modified, allowing them to furnish personal bonds instead of sureties. The court took into account that the accused did not have known persons in India who could stand as sureties for them.

The two sections invoked by the NIA relate to unauthorised entry and visa-related violations. They carry maximum punishments of five years and three years, respectively, and are compoundable before the FRRO after payment of the prescribed penalty.

Why The UAPA Investigation Is Still Open

The NIA had arrested VanDyke at Kolkata airport on March 13 under Section 18 of the UAPA, which deals with conspiracy, advocacy, abetment or incitement to commit a terrorist act. The six Ukrainians, Hurba Petro, Taras Slyviak, Ivan Sukmanovskyi, Marian Stefankiv, Maksim Honcharuk and Viktor Kaminskyi, were arrested at airports in Delhi and Lucknow on the same day. All seven were subsequently lodged in judicial custody at Tihar Jail.

The agency was required to file its chargesheet within 90 days and had obtained an additional 90 days, extending the period to 180 days. The court, however, held that the NIA could not avoid the statutory right to default bail by submitting an incomplete chargesheet.

“The chargesheet filed by the NIA is piecemeal as it pertains to section 21 and 23 of Immigration and Foreigners Act, 2025, only. In the wake of further investigation being carried out by the NIA with respect of offences under UAPA, at this stage it cannot be concluded that accused is not entitled to default bail,” the court had said while granting default bail to VanDyke.

The court further held that the agency could not circumvent the provision of default bail “by filing an incomplete chargesheet” to deny VanDyke the relief. In its chargesheet, the NIA said a substantial portion of its investigation into the alleged UAPA offences had been completed, but it required additional time “to ascertain and verify the true and complete facts about the commission of offences under UAPA”.

The agency has sought to continue investigating the alleged import and recovery of a large number of drones and related accessories in India, along with material recovered from digital devices. According to the NIA, the material “may indicate their possible involvement in acts affecting/threatening the unity, integrity, security and sovereignty of India”.

The agency has alleged that the seven arrived in India on valid travel documents in December 2025, but travelled to Guwahati and Mizoram without the required protected area permit or restricted area permit. It further alleged that they crossed the India-Myanmar border through unauthorised routes and travelled to Victoria Camp in Myanmar.

According to the NIA, the group was allegedly scheduled to provide training to Myanmar-based ethnic armed groups in areas including drone warfare, drone operations, drone assembly and jamming technology. The seven are alleged to have returned to India around March 5, 2026. The agency has said some of the groups involved have links to insurgent organisations operating in India.

The chargesheet also details the alleged journey into Mizoram. The NIA said six taxis hired through a car rental company catering to foreign nationals transported the accused from Guwahati into the protected area. After stopping for several hours, they allegedly crossed into Myanmar through the Tiau river route and reached Victoria Camp on December 29, 2025.

The agency has named two individuals, Abika and Viktor/Kima, as people who allegedly arranged logistics for the border crossing.

The NIA has maintained that the alleged activities were not limited to immigration violations and formed part of “a larger conspiracy involving Indian insurgent groups, particularly those active in the northeastern states”.

VanDyke, a Baltimore native, describes himself on his website as a soldier, war correspondent, columnist and international businessman. He has also described himself as a veteran of the Libyan revolution and a former prisoner of war there. He is the founder of Sons of Liberty International, a military contracting firm. For now, the court’s travel order allows all seven to return to their respective countries, while the NIA’s investigation into the alleged UAPA offences remains ongoing.