Court grants bail to US national in ‘terror conspiracy’ case

The judge noted that, “... based on the abovementioned understanding of law and appreciation of facts, co-accused persons involved in this case, are also entitled to default bail, as per law," he said.

A Delhi court on Friday granted default bail to US national Matthew Aaron VanDyke, one of seven foreign nationals arrested in March by the NIA for allegedly conspiring to carry out terrorist activities against India.

Presiding over the case, special NIA Judge Prashant Sharma held that the chargesheet filed by NIA was “piecemeal”, invoking only Sections 21 and 23 of Immigration and Foreigners Act, 2025, while the investigation into offences under Unlawful Activities (Prevention) Act (UAPA) remained pending. “…At this stage it cannot be concluded that applicant/ accused Matthew Aaron Vandyke is not entitled for default bail. As such, the investigating agency cannot circumvent section 187(3) BNSS (erstwhile section 167(2) CrPC) by filing incomplete charge-sheet, for the purpose of denying default bail to applicant/ accused,” the judge said in his order dated September 18.

Represented by advocates Rohit Dandriyal and Rohit Gour, VanDyke sought default bail under Section 187(3) of the BNSS read with Section 43D(2) of the UAPA. It governs statutory right to default bail when an investigation is not completed within prescribed period — 90 days for serious offences and 60 days for others. Section 43D(2) of the UAPA modifies this timeline for terror cases, allowing a Special Court to extend investigation period up to 180 days on a satisfactory report from the public prosecutor.

VanDyke was arrested on March 13, and the 180-day period for completing the investigation lapsed on September 8 — the same day the NIA filed its chargesheet. “…Applicant/accused has filed a present application for seeking default bail, stating that in the wake of said incomplete charge-sheet, applicant/ accused is entitled for default bail,” Judge Sharma said.

The judge noted that, “… based on the abovementioned understanding of law and appreciation of facts, co-accused persons involved in this case, are also entitled to default bail, as per law,” he said.

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Nirbhay Thakur is a Senior Correspondent with The Indian Express who primarily covers district courts in Delhi and has reported on the trials of many high-profile cases since 2023. Professional Background Education: Nirbhay is an economics graduate from Delhi University. Beats: His reporting spans the trial courts, and he occasionally interviews ambassadors and has a keen interest in doing data stories. Specializations: He has a specific interest in data stories related to courts. Core Strength: Nirbhay is known for tracking long-running legal sagas and providing meticulous updates on high-profile criminal trials. Recent notable articles In 2025, he has written long form articles and two investigations. Along with breaking many court stories, he has also done various exclusive stories. 1) A long form on Surender Koli, accused in the Nithari serial killings of 2006. He was acquitted after spending 2 decades in jail. was a branded man. Deemed the “cannibal" who allegedly lured children to his employer’s house in Noida, murdered them, and “ate their flesh” – his actions cited were cited as evidence of human depravity at its worst. However, the SC acquitted him finding various lapses in the investigation. The Indian Express spoke to his lawyers and traced the 2 decades journey.  2) For decades, the Jawaharlal Nehru University (JNU) has been at the forefront of the Government’s national rankings, placed at No. 2 over the past two years alone. It has also been the crucible of campus activism, its protests often spilling into national debates, its student leaders going on to become the faces and voices of political parties of all hues and thoughts. The Indian Express looked at all court cases spanning over two decades and did an investigation. 3) Investigation on the 700 Delhi riots cases. The Indian Express found that in 17 of 93 acquittals (which amounted to 85% of the decided cases) in Delhi riots cases, courts red-flag ‘fabricated’ evidence and pulled up the police. Signature Style Nirbhay’s writing is characterized by its procedural depth. He excels at summarizing 400-page chargesheets and complex court orders into digestible news for the general public. X (Twitter): @Nirbhaya99 ... Read More