A Delhi court has allowed a US national and six Ukrainian nationals facing an NIA investigation to travel to their respective home countries for a month, after granting them default bail and releasing their passports.
Special NIA Judge Prashant Sharma of the Rouse Avenue Courts permitted American national Matthew Aaron VanDyke to travel to the US and the six Ukrainians to travel to Ukraine to meet their families. The court directed all seven to return to India after one month and inform the court within 72 hours of their return.
The order comes as the National Investigation Agency continues its investigation into alleged offences under the Unlawful Activities (Prevention) Act (UAPA), while a chargesheet filed earlier this month accused the seven only under provisions of the Immigration and Foreigners Act, 2025.
Court cites fundamental right to travel
The court said the right to travel abroad is an extension of a fundamental right under the Constitution. It also noted that the accused had expressed their willingness to cooperate with the NIA investigation whenever required.
As conditions for travelling, the seven must provide their residential addresses, working phone numbers and email addresses to the NIA within 24 hours. Those without functioning phone numbers can initially provide a family member’s number and must provide their own working number within a week of reaching their destinations.
They must also join the NIA investigation through video conference or physically whenever directed by the agency.
UAPA investigation remains open
The seven were arrested on March 13 and were initially booked under Section 18 of the UAPA. According to the NIA’s case, they had allegedly entered restricted areas in Mizoram, crossed into Myanmar and interacted with ethnic armed organisations, including groups banned in India. The allegations have not been established at trial.
The NIA subsequently filed a chargesheet under Sections 21 and 23 of the Immigration and Foreigners Act, covering alleged illegal entry and visa-related violations. The agency has maintained that its investigation into the UAPA allegations is continuing and that the absence of UAPA charges from the current chargesheet does not mean that the broader probe has been closed.
The six Ukrainian nationals were also discharged from the immigration-related offences after paying a ₹5.5 lakh penalty, while VanDyke’s lawyers have sought his discharge from the immigration offences after their compounding.
The latest court order therefore allows the seven to leave India temporarily while keeping them subject to the ongoing investigation and the condition that they return after one month.