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US citizen Matthew Van Dyke granted bail by NIA court

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A special NIA court on Friday granted bail to jailed US citizen Matthew Van Dyke on the condition that he cannot leave the country.Van Dyke — who along with six Ukrainian nationals was arrested in March this year for allegedly imparting drone warfare training, illegal border crossings and links to armed groups operating near India’s North-Eastern region — had applied for bail on September 17 to travel abroad.The court, while granting bail to Van dyke on a bond of Rs 1 lakh, said that the six Ukrainians who were arrested along with him can also avail bail provisions provided they apply for it.The NIA had last week dropped UAPA charges against the seven persons, invoking only Sections 22 and 24 of the Immigration and Foreigners Act, 2025.In a chargesheet filed by the NIA against the seven accused before a special court on September 8, it had invoked only Sections 21 and 23 of the Immigration and Foreigners Act, 2025, while dropping provisions of the Unlawful Activities (Prevention) Act (UAPA).The two offences cited in the charge sheet are compoundable at the level of the Foreigners Regional Registration Office (FRRO).The NIA had informed the court that though the UAPA provisions had not been included in the charge sheet, the investigation under the anti-terror law remains open.The agency had originally arrested the accused in a terror conspiracy case over alleged links with ethnic armed groups operating in India.The chargesheet, filed before Special Judge Prashant Sharma, accused the seven foreign nationals of offences under Sections 21 and 23 of the Immigration and Foreigners Act, despite the case initially being registered under provisions of the UAPA, along with sections of the Bharatiya Nyaya Sanhita (BNS).Earlier, the NIA had told the court that the accused were being investigated for a broader terror conspiracy involving support to ethnic armed groups in India and Myanmar, including imparting drone-related training.On March 16, the court had granted the NIA eleven days’ custody of the accused. They were subsequently remanded to judicial custody.The agency alleged that they imparted “pre-scheduled training” in drone warfare, drone operations, assembly and jamming technology to EAG operatives.Van Dyke’s family had sought urgent diplomatic intervention from the US, alleging that he had been denied basic detainee rights in Tihar Jail, where he is currently lodged.Sons of Liberty International, the NGO founded by Van Dyke, said in a statement issued on August 30 that US Ambassador to India Sergio Gor had “previously briefed Foreign Secretary Vikram Misri and Secretary of State Marco Rubio on Matthew’s situation during his (Rubio’s) visit to Delhi, India, on May 24-26”.When asked about the NIA’s decision not to invoke UAPA provisions in the charge sheet, Ministry of External Affairs spokesperson Randhir Jaiswal had last week said that the matter was before the court and was a legal issue.

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