{"id":390109,"date":"2026-07-10T19:34:45","date_gmt":"2026-07-10T14:04:45","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=390109"},"modified":"2026-07-10T19:34:45","modified_gmt":"2026-07-10T14:04:45","slug":"delhi-hc-denies-bail-to-athar-khan-in-delhi-riots-conspiracy-case-holds-he-cannot-claim-parity-with-co-accused-granted-bail-by-sc","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2026\/07\/10\/delhi-hc-denies-bail-to-athar-khan-in-delhi-riots-conspiracy-case-holds-he-cannot-claim-parity-with-co-accused-granted-bail-by-sc\/","title":{"rendered":"Delhi HC Denies Bail to Athar Khan in Delhi Riots Conspiracy Case; Holds He Cannot Claim Parity with Co-Accused Granted Bail by SC"},"content":{"rendered":"
\n

Delhi High Court:<\/span> In an appeal arising out of the second application for regular bail in the larger conspiracy case relating to the North-East Delhi riots of February 2020, a Division Bench of Prathiba M. Singh*<\/span> and Madhu Jain, JJ.<\/span>, declined to grant bail to Athar Khan, who is arraigned as Accused 15 in FIR No. 59 of 2020 registered by the Crime Branch, Delhi, under various provisions of the Penal Code, 1860<\/a>, the Unlawful Activities (Prevention) Act, 1967<\/a> (UAPA), the Arms Act, 1959<\/a>, and the Prevention of Damage to Public Property Act, 1984<\/a>. Holding that the material on record prima facie established the appellant’s role as one of the main conspirators and not merely a local-level operator, the Court ruled that he was not entitled to parity with the co-accused who had been granted bail by the Supreme Court in Gulfisha Fatima<\/span> v. State (NCT of Delhi)<\/span>. The Court further held that the appellant failed to satisfy the test under Section 43-D (5) UAPA, observing that his release on bail could result in influencing witnesses and disrupting the trial and thus denied bail.<\/p>\n

Background<\/p>\n

The present case arises out of FIR registered by the Crime Branch, Delhi, in connection with the communal riots that took place in North-East Delhi on 23, 24 and 25 February 2020, resulting in the death of 53 persons, injuries to over 100 persons, and extensive damage to public and private property. During the course of investigation, the FIR came to include offences under various provisions of Penal Code, 1860<\/a>, UAPA, the Arms Act, 1959<\/a>, and the Prevention of Damage to Public Property Act, 1984<\/a>. The prosecution alleged that several persons had entered into a criminal conspiracy to orchestrate large-scale riots in protest against the Citizenship (Amendment) Act, 2019<\/a> (CAA) and the proposed National Register of Citizens (NRC).<\/p>\n

The appellant, Athar Khan, was initially examined as a witness during the investigation. His mobile phone was seized on 1 May 2020, and he was subsequently arrested on 2 July 2020 and arrayed as Accused 15 in the main charge-sheet filed on 16 September 2020. According to the prosecution, the appellant actively participated in meetings held immediately prior to the riots and was a member of various WhatsApp groups, including the Delhi Protest Support Group (DPSG), United Against Hate (UAH) and CAB Team, through which the alleged conspiracy was coordinated. It was alleged that he attended meetings where plans were made for mobilisation, destruction of CCTV cameras and coordinated acts of violence.<\/p>\n

The appellant’s application for regular bail was rejected by the trial court on 12 October 2022, and the rejection was affirmed by the Delhi High Court on 2 September 2025. The High Court held that the material on record, including statements of protected witnesses, prima facie indicated his active role in the alleged conspiracy and distinguished his case from certain co-accused who had been granted bail. Subsequently, while deciding Gulfisha Fatima v. State (NCT of Delhi)<\/span>1<\/sup><\/a>, the Supreme Court granted bail to five co-accused but declined relief to Umar Khalid and Sharjeel Imam. Relying on the principle of parity, the appellant filed a fresh application for regular bail before the tial court on 13 January 2026, contending that he was similarly placed as the co-accused who had been granted bail. The trial court, however, rejected the application, holding that the earlier findings against the appellant had attained finality since he had not challenged the High Court’s 2025 judgment before the Supreme Court. Hence the present appeal was filed before the Court.<\/p>\n

Analysis<\/p>\n

The Delhi High Court noted at the outset that the present appeal arose out of the appellant’s second regular bail application<\/span>. The Court observed that the appellant’s first application for regular bail had been dismissed by the trial court and the said order had been upheld by a coordinate Bench of the High Court. Since the appellant had not challenged the earlier High Court judgment before the Supreme Court, the findings recorded therein had attained finality qua the appellant.<\/p>\n

Upon examining the material placed on record, the Court observed that the prosecution had prima facie established that the appellant was an active conspirator<\/span> in the North-East Delhi Riots. The Court relied upon the WhatsApp chats of the DPSG, which, according to the prosecution, reflected the appellant’s active participation in the alleged conspiracy. The Court further noted that certain messages attributed to the appellant were “extremely incriminating” and prima facie indicated an active role not only in causing riots and destruction of property but also in the deaths that occurred during the riots. The statement of the protected witness “Pluto”, recorded under Section 164<\/a>, Criminal Procedure Code, 1973<\/a>, was found to corroborate the prosecution’s case. The Court also observed that the WhatsApp chats recovered from Ovais Sultan Khan showed that while other members repeatedly advised the appellant to keep the protests non-violent, the appellant allegedly persisted in advocating violent methods.<\/p>\n

The Court held that the material on record prima facie distinguished the appellant’s role from that of the co-accused who had been granted bail by the Supreme Court in Gulfisha Fatima<\/span> v. State (NCT of Delhi)<\/span>. Referring to the said judgment, the Court observed that the Supreme Court had undertaken an individual assessment of each accused and had distinguished between core conspirators and field-level operators, denying bail to Sharjeel Imam and Umar Khalid while granting bail to certain other accused whose roles were found to be comparatively limited. The Court held that the appellant could not claim parity with those co-accused who had been granted bail, as the material on record prima facie indicated that he was not a mere local-level operator but one of the main conspirators, who had allegedly exhorted others to resort to violence, destruction by fire and acts leading to deaths.<\/p>\n

The Court further observed that the appellant had not challenged the earlier judgment of the High Court before the Supreme Court and, therefore, his role had not fallen for consideration in Gulfisha Fatima<\/span>. The Court held that the statement of the protected witness, coupled with the WhatsApp chats and the allegation that the appellant had received funds from a co-accused for the protests, constituted serious material against him. The Court also observed that if released on bail, the appellant could threaten witnesses or disrupt the trial.<\/p>\n

Holding that the appellant did not satisfy the test under Section 43-D(5) UAPA, the Court concluded that his role was prima facie established in relation to the alleged conspiracy, the violence and the resulting deaths. It further held that the appellant was likely to pose a flight risk and adversely influence witnesses whose evidence was yet to be recorded.<\/p>\n

Also Read:<\/span> 2020 Delhi Riots Case: No Bail for Umar Khalid & Sharjeel Imam: | SCC Times<\/a><\/p>\n

Decision<\/p>\n

Accordingly, the Court declined to grant bail, upheld the trial court’s order rejecting the second bail application and dismissed the appeal, while clarifying that the observations made were confined to the adjudication of the bail application and would not influence the trial on merits.<\/p>\n

[Athar Khan<\/span> v. State (NCT of Delhi)<\/span>, decided on 7-7-2026<\/span>]<\/p>\n

*Judgement Authored by: Justice Prathiba M. Singh<\/span><\/strong><\/p>\n\n

Advocates who appeared in this case :<\/p>\n

For the Appellant:<\/span> Arjun Dewan, Varisha Sharma, Aryan Deol, Advocates<\/p>\n

For the Respondent:<\/span> S. V. Raju, ASG along with Madhukar Pandey, SPP, Dhurv Pandey, Ananya Bose, Advocates<\/p>\n<\/div>\n\n

1.<\/a> 2026 INSC 2.<\/p>\n","protected":false},"excerpt":{"rendered":"

Holding that Athar Khan’s role was prima facie distinguishable from co-accused granted bail by the Supreme Court, the Delhi High Court dismissed his second bail appeal in the 2020 Delhi riots conspiracy case under the UAPA.<\/p>\n","protected":false},"author":67541,"featured_media":390110,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,10],"tags":[42837,109608,109610,35982,109611,2543,45701,105003,92734,46510,109609,30397],"class_list":["post-390109","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-highcourts","tag-2020-delhi-riots","tag-athar-khan","tag-athar-khan-bail","tag-bail-denied","tag-crime-branch-delhi","tag-Delhi_High_Court","tag-delhi-riots-case","tag-delhi-riots-conspiracy-case","tag-justice-madhu-jain","tag-justice-prathiba-m-singh","tag-second-bail-plea","tag-uapa"],"yoast_head":"\nAthar Khan denied bail in Delhi riots case| SCC Times<\/title>\n<meta name=\"description\" content=\"Delhi High Court rejects Athar Khan's second bail plea in the 2020 Delhi riots conspiracy case, holding he cannot claim parity with co-accused granted bail by the Supreme Court.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.scconline.com\/blog\/post\/2026\/07\/10\/delhi-hc-denies-bail-to-athar-khan-in-delhi-riots-conspiracy-case-holds-he-cannot-claim-parity-with-co-accused-granted-bail-by-sc\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Delhi HC Denies Bail to Athar Khan in Delhi Riots Conspiracy Case; 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