Six Ukrainian nationals arrested by the National Investigation Agency in the Myanmar training camp case were granted default bail by a Delhi court on Wednesday after spending more than six months in custody. The order comes days after US national Matthew Aaron VanDyke secured similar relief, with the NIA’s chargesheet against the seven foreigners not invoking UAPA provisions.
Special NIA Judge Prashant Sharma of Rouse Avenue Court granted default bail to the six Ukrainian nationals on a cash bond of Rs 1 lakh each.
The six were arrested in March along with VanDyke in a case that was initially registered under the Unlawful Activities (Prevention) Act. The NIA later filed a chargesheet against all seven foreigners, but the chargesheet invoked only provisions of the Immigration and Foreigners Act, 2025.
The NIA has maintained that its investigation into the alleged UAPA offences is continuing.
What happened to the immigration offences?
The court also discharged the six Ukrainian nationals from the offences under the Immigration and Foreigners Act after those offences were compounded before the Foreigners Regional Registration Office.
The Foreigners Regional Registration Office (FRRO) imposed a compounding amount of Rs 5.5 lakh on each accused. Compounding allows specified offences to be settled on payment of the prescribed amount instead of continuing prosecution for those offences.
| Case detail | Status |
|---|---|
| Six Ukrainian nationals | Granted default bail |
| Cash bond | Rs 1 lakh each |
| FRRO compounding amount | Rs 5.5 lakh each |
| UAPA provisions in first chargesheet | Not invoked |
| Matthew Aaron VanDyke | Granted default bail on September 18 |
Why did the court grant default bail?
The latest order follows the court’s September 18 decision granting default bail to VanDyke. He was arrested by the NIA on March 13 and had spent more than 180 days in custody.
The statutory period for completing the investigation expired on September 8. The NIA filed its chargesheet that day, but it covered alleged offences under Sections 21 and 23 of the Immigration and Foreigners Act rather than the UAPA offences under investigation.
While granting VanDyke default bail, the court said the investigating agency could not use an incomplete chargesheet to deny an accused the statutory right to default bail.
Special Judge Prashant Sharma 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 Matthew Aaron Vandyke is not entitled to default bail.”
The judge further said, “As such, the investigating agency cannot circumvent section 187(3) BNSS by filing an incomplete charge-sheet, for the purpose of denying default bail to accused Matthew Aaron Van Dyke.”
The court had also found that the same reasoning applied to the six Ukrainian co-accused. They have now secured bail on that basis.
VanDyke can now be released on Rs 1 lakh cash bond
In a separate development on Wednesday, the court modified one of VanDyke’s bail conditions. He had earlier been ordered to furnish a personal bond of Rs 1 lakh and a surety bond for the same amount.
The court has now exempted him from furnishing the surety and allowed his release on a cash bond of Rs 1 lakh.
A sealed report from the FRRO was also received by the court. The immigration offences have been compounded. VanDyke had paid Rs 5.5 lakh in compounding charges to the FRRO.
VanDyke wants to travel to US to meet family
VanDyke has also asked the court for permission to travel to the United States to meet his family.
The court will hear that application on September 25.
His request is important because the conditions attached to his default bail had required him to remain in Delhi and appear before investigators whenever called.
What is the Myanmar training camp case?
The case concerns allegations that the foreign nationals travelled through Mizoram and crossed into Myanmar, where they allegedly provided drone warfare training to ethnic armed groups. The allegations remain under investigation and have not been proved in court.
VanDyke and the six Ukrainians were arrested by the NIA in March. VanDyke was initially booked under Section 18 of the UAPA.
The NIA’s first chargesheet, however, did not invoke UAPA provisions against the seven accused. The agency told the court that further investigation into the alleged UAPA offences was continuing.
Notably, the court’s decision grants the accused statutory default bail because the investigation was not completed within the prescribed period.
