The Delhi High Court on Tuesday reserved its decision on the bail application filed by Athar Khan in connection with the alleged larger conspiracy behind the 2020 Delhi riots case. Khan is among the accused booked under the Unlawful Activities (Prevention) Act (UAPA) in the case registered by Delhi Police. His previous bail request had earlier been dismissed. A division bench comprising Justices Prathiba M. Singh and Madhu Jain reserved the order after hearing detailed arguments from both the defence and the prosecution.

Representing Athar Khan, Advocate Arjun Diwan argued that there were significant inconsistencies in the statements of a protected witness identified as “Pluto,” who allegedly changed his version within three days. According to the witness, he had delivered biryani to the basement of Yaaz in Chand Bagh, where several people were allegedly discussing plans related to riots and killings, with Athar Khan also said to be present there.

The defence maintained that there was no concrete evidence linking Khan to any active conspiracy. Counsel further argued that Khan had no meetings with co-accused Umar Khalid and that no weapons or incriminating materials were recovered from him. Diwan also pointed to WhatsApp conversations presented in court, claiming they reflected discussions around peaceful protests rather than violence. Referring to the Supreme Court granting bail to co-accused Gulfisha Fatima, the defence submitted that her alleged role was more serious than Khan’s, yet she had still been granted relief.

Opposing the plea, Special Public Prosecutor Madhukar Pandey argued that Khan’s earlier bail application had already been rejected in September 2025, with the court observing that a prima facie case existed against him. Since that order was never challenged before a higher court, the prosecution said it had attained finality.

The prosecution further contended that Athar Khan could not seek parity with other accused persons who had secured bail because, according to Delhi Police, there is specific evidence against him. Pandey relied on the statement of witness “Pluto” and claimed that WhatsApp chats indicated intentions linked to violence during the riots, which resulted in the deaths of 53 people.

Athar Khan is among several accused in the larger conspiracy case, which also includes Umar Khalid, Sharjeel Imam, Tahir Hussain, Khalid Saifi, Meeran Haider, Natasha Narwal, Devangana Kalita, Safoora Zargar, Gulfisha Fatima, Ishrat Jahan, and others. The trial court continues to hear arguments on the framing of charges, with Delhi Police expected to continue its rebuttal submissions.