Delhi High Court Denies Bail To Accused Athar Khan In Delhi Riots Larger Conspiracy Case

The Delhi High Court on Tuesday dismissed the bail plea filed by Athar Khan, who has been booked in the 2020 North-East Delhi riots "larger conspiracy" case. [2026 LiveLaw (Del) 627]

A division bench comprising Justice Prathiba M Singh and Justice Madhu Jain upheld the trial court order denying bail to him.

The Court said that Khan repeatedly sent messages on WhatsApp group and actively participated in the riots.

It added that the WhatsApp chats would show that in some places Khan sent some extremely incriminating messages which prove an active role not just in causing riots, destruction of property, etc., but an active role in the deaths which have been caused during the riots.

The Bench observed that while others were suggesting that he resorted only to non-violent protests, Khan persisted with his objective of engaging in violent protests, to the extent of even causing death. The fact that deaths were caused during the said riots cannot be, therefore, a mere matter of co-incidence, the Court said.

Further, the Bench noted that the statement of the protected witness, 'Pluto', where Khan was stated to have clearly encouraged, exhorted and led others to cause destruction through fire and to cause deaths through violence, was an “extremely serious material.”

“Releasing the Appellant on bail at this stage would in effect mean that he could also threaten witnesses and could cause disruption in the trial as well. Despite his team mates repeatedly asking him not to engage in violence, the Appellant refused to obey the same. The Appellant, therefore, cannot be held to be a mere local-level operator but one of the main conspirators who conspired to cause deaths during the riots. Thus, the case of the Appellant is clearly distinguishable from the other co-accused persons,” it said.

The Bench concluded that Khan's role being prima facie established in causing deaths through violent acts as also in the destruction of private and public property, did not satisfy the test under Section 43D(5) of the UAPA for being released on bail.

It added that if released on bail, Khan is likely to pose a flight risk, having regard to the statements made by the protected witnesses.

“The Appellant is also likely to adversely influence the witnesses whose evidence is yet to be recorded. Thus, even if the normal conditions of bail are applied, in this case, the Appellant, owing to his role and the protection that needs to be given to witnesses, is not entitled to bail,” it said.

While reserving the verdict in May, the Court had orally observed that Khan's WhatsApp chats prima facie prove conspiracy.

Athar Khan sought bail on grounds of parity with Shadab Ahmad, who was granted bail by the Supreme Court.

Advocate Arjun Dewar appeared for Khan. Delhi Police was represented by ASG SV Raju and Special Public Prosecutor Madhukar Pandey.

Khan challenged the trial court order passed on January 29 denying him bail in the UAPA case.

The accused in the case are facing charges under the Unlawful Activities Prevention Act and the Indian Penal Code for allegedly formulating the "larger conspiracy" behind the communal riots which took place in the national capital in the last week of February 2020.

The accused in the case are Tahir Hussain, Umar Khalid, Khalid Saifi, Isharat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Asif Iqbal Tanha, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd. Saleem Khan, Athar Khan, Safoora Zargar, Sharjeel Imam, Faizan Khan, Devangana Kalita and Natasha Narwal.

Case title: Athar Khan v State

Citation: 2026 LiveLaw (Del) 627

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