9
New Delhi: A Delhi court on Wednesday granted default bail to six Ukrainian nationals arrested by the National Investigation Agency in a case relating to alleged training of armed groups in Myanmar, while separately allowing US national Matthew Aaron VanDyke to deposit Rs 1 lakh in cash in lieu of a surety of the same amount.
Special NIA Judge Prashant Sharma granted default bail to the six Ukrainians after the court was informed that the offences under the Immigration and Foreigners Act, 2025, against them had been compounded before the Foreigners Regional Registration Office (FRRO).
The six accused are Hurba Petro, Taras Slyviak, Ivan Sukmanovskyi, Marian Stefankiv, Maksim Honcharuk and Viktor Kaminskyi.
The court’s order followed its earlier finding that the accused were entitled to default bail after the NIA filed a chargesheet without completing its investigation into the alleged offences under the Unlawful Activities (Prevention) Act.
The NIA had arrested the seven foreign nationals, including VanDyke, in March. The agency had initially registered the case under Section 18 of the UAPA. However, its chargesheet filed on 8 September invoked Sections 21 and 23 of the Immigration and Foreigners Act, 2025, while the investigation into the alleged UAPA offences remained continuing.
VanDyke had been granted default bail on 18 September. In that order, the court had held that the six Ukrainian co-accused were also entitled to default bail on the same legal reasoning, subject to their approaching the court with their own applications.
The six Ukrainians subsequently moved the court, leading to today’s order granting them default bail.
In a separate application, VanDyke told the court that he could not arrange the Rs 1 lakh surety required under his bail order because he was a foreign national and had no acquaintances in India who could stand as sureties.
The court allowed him to deposit Rs 1 lakh in cash instead. It relied on Section 490 of the Bharatiya Nagarik Suraksha Sanhita, which permits a court to allow a person to deposit money or government promissory notes in lieu of a bail bond.
The court also relied on a 2022 Delhi High Court judgment in Nastor Fairirai Ziso vs NCB, concerning a foreign national who had been permitted to deposit cash in lieu of a surety bond.
The NIA has alleged that the seven foreigners travelled to Myanmar and provided training to ethnic armed groups, including training related to drone warfare, drone operations, assembly and jamming technology. The agency’s investigation into the alleged UAPA offences is continuing.