American national Matthew Aaron VanDyke was released from Delhi’s Tihar Jail on Thursday, September 24, 2026, after a special NIA court granted him permission to travel to the United States for one month. Six Ukrainian nationals arrested in the same case were also released and allowed to return to Ukraine under identical conditions.
The order was passed by Special NIA Judge Prashant Sharma at the Rouse Avenue Courts. The court directed that the passports of all seven foreign nationals be released to them.
Court Order and Conditions
The court permitted VanDyke to travel to the US and the six Ukrainian nationals to travel to Ukraine for a period of one month. The permission is valid from the date they board their respective flights.
The seven accused have been directed to return to India after the one-month period expires and to inform the court within 72 hours of their return. They must also remain available to join the NIA investigation whenever required, either physically or through video call.
The court ordered them to furnish their residential addresses, working mobile numbers, and email addresses to the NIA within 24 hours. Those without a working phone number may initially provide the mobile number of a family member, and must submit their own working number within a week of reaching their destination.
While allowing the applications, the court observed that the right to travel abroad is an extension of a fundamental right under the Constitution of India.
NIA’s Position
Special Public Prosecutor Rahul Tyagi, along with advocate Amit Rohila, appeared for the NIA. The agency told the court that further investigation in the case was still underway, but the immediate presence of the accused was not required.
The NIA submitted that suitable undertakings could be obtained from the accused. The court noted that the accused had expressed their willingness to join the investigation whenever required by the agency.
Case Background
VanDyke was arrested at Kolkata airport on March 13, 2026, under Section 18 of the Unlawful Activities (Prevention) Act, which deals with conspiracy and facilitation of a terrorist act. The six Ukrainian nationals were arrested the same day at Delhi and Lucknow airports.
The NIA alleged that the accused had illegally entered Myanmar through Mizoram without valid travel documents. They were accused of participating in a pre-scheduled training programme involving drone warfare, drone operations, assembly, and jamming technology for Myanmar-based ethnic armed groups.
However, in its chargesheet filed on September 8, the NIA invoked only provisions of the Immigration and Foreigners Act, 2025, relating to illegal entry and visa violations. The agency did not charge them under the UAPA, stating that the anti-terror investigation remained open and a supplementary chargesheet could be filed if a relevant offence was established.
Default Bail and Discharge
All seven foreign nationals were granted default bail by the court after the NIA failed to file a complete chargesheet within the legally prescribed time. Default bail is granted when an investigating agency does not file its chargesheet within the mandated period.
VanDyke was granted default bail on a bond of Rs 1 lakh and a surety of Rs 1 lakh. The court also allowed his application for discharge from offences under the Immigration and Foreigners Act following the compounding of those offences on September 18.
The six Ukrainian nationals were granted bail on personal bonds and cash deposits of Rs 1 lakh each. The Foreigners Regional Registration Office had compounded their offences by imposing a fine of Rs 5.5 lakh on each.
Family and Diplomatic Pressure
VanDyke’s family had earlier sought diplomatic intervention from the United States, alleging that he had been denied basic detainee rights while lodged in Tihar Jail. Sons of Liberty International, the NGO founded by VanDyke, stated on August 30 that US Ambassador to India Sergio Gor had briefed Foreign Secretary Vikram Misri and Secretary of State Marco Rubio on the situation.
The seven accused are VanDyke, Hurba Petro, Slyviak Taras, Ivan Sukmanovskyi, Stefankiv Marian, Honcharuk Maksim alias Maksym, and Kaminskyi Viktor.
