Athar Khan vs State Of Nct Of Delhi on 7 July, 2026

    0
    8
    ADVERTISEMENT

    Delhi High Court

    Athar Khan vs State Of Nct Of Delhi on 7 July, 2026

    Author: Prathiba M. Singh

    Bench: Prathiba M. Singh

                              $~
                              *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                                            Reserved on : 26th May, 2026
                                                                            Pronounced on: 7th July, 2026
                                                                              Uploaded on: 7th July, 2026
                              +                 CRL.A. 137/2026 & CRL.M.A. 9910/2026
    
                                     ATHAR KHAN                                         .....Appellant
                                                          Through:   Mr. Arjun Dewan, Ms. Varisha
                                                                     Sharma, with Mr Aryan Deol, Adv.
                                                   versus
                                     STATE OF NCT OF DELHI                             .....Respondents
                                                   Through:          Mr. S. V. Raju, ASG along with Mr.
                                                                     Madhukar Pandey, SPP, Mr. Dhurv
                                                                     Pandey, Ms. Ananya Bose, Advs.
                                     CORAM:
                                     JUSTICE PRATHIBA M. SINGH
                                     JUSTICE MADHU JAIN
                                                               JUDGMENT
    

    Prathiba M. Singh, J.

    1. This hearing has been done through hybrid mode.

    SPONSORED

    2. The unfortunate North East Delhi riots which occurred on 23 rd, 24th, and
    25th February, 2020 are the context in which the present appeal has arisen.

    3. The Appellant- Athar Khan has filed this appeal under Section 21(4) of
    the National Investigation Agency Act, 2008 read with Section 483 of the
    Bharatiya Nagarik Suraksha Sanhita, 2023 assailing the order dated 29th
    January, 2026 (hereinafter, ‘impugned order’) passed by the ld. Additional
    Sessions Judge-03 (Shahdara), Karkardooma Court, Delhi in I.A. No. 271/2026
    in Sessions Case No. 163/2020. The present case arises out of FIR No. 59/2020
    dated 6th March, 2020 registered at PS. Crime Branch, Delhi.

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 1 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03

    4. Vide the impugned order, the application filed by the Appellant seeking
    regular bail has been dismissed by the Trial Court.

    Background

    5. In the riots which took place in the heart of East Delhi on 23rd, 24th and
    25th February, 2020, a total of 53 persons succumbed to their injuries and lost
    their lives. Approximately more than 100 persons sustained injuries, and
    extensive damage was caused to the properties of the residents. The situation
    took several days to return to normalcy.

    6. FIR No. 59/2020 was registered at PS. Crime Branch, Delhi initially
    under Sections 147, 148, 149 and 120B of the Indian Penal Code, 1860
    (hereinafter, ‘IPC‘). However, during the course of investigation, offences
    under Section 120B read with Sections 109, 114, 124A, 147, 148, 149, 153A,
    186, 201, 212, 295, 302, 307, 341, 353, 395, 420, 427, 435, 436, 452, 454, 468,
    471 and 34 of the IPC as also under Sections 13, 16, 17 and 18 of the Unlawful
    Activities (Prevention) Act, 1967 (hereinafter, ‘UAPA’), Sections 25 and 27 of
    the Arms Act, 1959 and Sections 3 and 4 of the Prevention of Damage to Public
    Property Act, 1984 were added to the subject FIR.

    7. The allegations in the said FIR were that there was a criminal conspiracy
    hatched by several persons for commission of large scale riots against the
    enactment of the Citizenship Amendment Act (hereinafter, ‘CAA’) and the
    National Register of Citizens (hereinafter, ‘NRC’).

    8. The factual narrative in the present matter emanates from the case of the
    prosecution that a deep-rooted criminal conspiracy was allegedly hatched by
    several accused persons and individuals, including the present Appellant, to

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 2 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03
    orchestrate large-scale riots in the National Capital Territory of Delhi in protest
    against the enactment of the CAA and the NRC.

    9. These riots were allegedly carried out by inciting widespread communal
    violence on and around the 23rd, 24th and 25th of February, 2020, which
    resulted in the loss of 53 lives, including the death of a Senior Police Officer
    and an Intelligence Bureau Official, grievous injuries to several Police officers
    and members of the public, damage to more than 1,500 public and private
    properties, etc, apart from the other intangible harm caused to the Nation as a
    consequence.

    10. As per the Appellant, he was initially examined as a witness in the
    present FIR. During the course of the investigation, the mobile phone of the
    Appellant was also seized on 1st May, 2020. The Appellant was, thereafter,
    arrested on 2nd July, 2020 and was arrayed as Accused No. 15 in the main
    charge-sheet dated 16th September, 2020.

    11. The first supplementary charge-sheet in the present case was filed on
    22nd November, 2020. Further charge-sheets have also been filed, however, for
    the present purpose, the details of the same would not be relevant.

    12. Various accused persons arrayed in the present case had filed
    applications, initially, before the Trial Court seeking regular bail. The said bail
    applications had been rejected by the Trial Court from time to time. Even the
    Appellant in the present case had initially filed an application seeking regular
    bail before the Trial Court being I.A. No. 126/2022. However, the same was
    rejected vide order dated 12th October, 2022 passed by the ld. Additional
    Sessions Judge-03 (Shahdara), Karkardooma Court, Delhi.

    13. The said order was challenged in an appeal by the Appellant which
    resulted in a detailed judgment being passed by a Co-ordinate Bench of this

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 3 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03
    Court on 2nd September, 2025 in CRL. A. 677/2022 titled ‘Athar Khan v. State
    of NCT of Delhi
    ‘. Vide the said judgment, the Court considered and
    adjudicated upon nine appeals preferred by nine accused persons, including the
    present Appellant, arising out of the present FIR i.e., FIR No. 59/2020, wherein
    regular bail was sought. The Co-ordinate Bench of this Court rejected all the
    said appeals and declined to grant bail to the accused persons, including the
    Appellant. The role of the Appellant was discussed in detail in the said
    judgment
    by the Co-ordinate Bench of this Court.

    14. In the said judgment, the Co-ordinate Bench of this Court, from
    paragraph 151 onwards records that the Appellant-Athar Khan had participated
    actively as part of the Delhi Protest Support Group (hereinafter, ‘DPSG’)
    WhatsApp group, United Against Hate (hereinafter, ‘UAH’) group and CAB
    Team. On the night of 22nd February, 2020 a meeting was held at Ayaz’s
    basement in Chand Bagh, Delhi in which the Appellant had participated leading
    to co-ordinated attacks. Again on 23rd February, 2020 a meeting was held at
    one Mukhtyar’s house in Chand Bagh attended by DPSG members including
    the Appellant where they had co-ordinated destruction and disablement of the
    CCTVs and mobilisation on a large scale for violent outbreaks.

    15. The findings of the Co-ordinate Bench of this Court in respect of the
    Appellant, after analysing the statements of various protected witnesses,
    showed that he had played an active role in the entire conspiracy. The Appellant
    was also present at the various meetings especially on the intervening night of
    23rd and 24th February, 2020. The Appellant had conspired to destroy
    Government property along with the other co-accused persons. The Co-
    ordinate Bench of this Court further distinguished the role of the Appellant
    from that of the other co-accused persons namely Devangana Kalita, Natasha

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 4 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03
    Narwal and Asif Iqbal Tanha. Accordingly, the Co-ordinate Bench of this Court
    refused to grant relief to the Appellant.

    16. The said judgment dated 2nd September, 2025 passed by the Co-ordinate
    Bench of this Court was challenged by several co-accused persons before the
    Supreme Court. The said appeals were decided by the Supreme Court vide its
    judgment in Gulfisha Fatima v. State (Govt. of NCT of Delhi), 2026 INSC 2.
    Out of the nine accused persons whose appeals were decided by the Co-ordinate
    Bench of this Court vide judgment dated 2nd September, 2025, seven accused
    persons approached the Supreme Court, out of whom bail was denied to two
    accused persons i.e., Umar Khalid and Sharjeel Imam. The remaining accused
    persons were granted bail by the Supreme Court. Notably, the present Appellant
    did not challenge the judgment dated 2nd September, 2025 before the Supreme
    Court.

    17. The judgment in Gulfisha Fatima (Supra) was rendered on 5th January,
    2026 and, thereafter, the Appellant, on 13th January 2026, moved an
    application before the Trial Court seeking regular bail relying upon the
    judgment of the Supreme Court in Gulfisha Fatima (Supra).

    18. The Appellant in effect sought parity with five co-accused who were
    granted bail by the Supreme Court vide the judgment passed in Gulfisha
    Fatima
    (Supra). The said application for bail was considered by the Trial
    Court. The Trial Court came to the conclusion that the prima facie opinion
    recorded by it in the earlier round, i.e., vide order dated 12th October, 2022,
    wherein the accusations against the Appellant-Athar Khan were held to be true,
    and the same having been upheld by the High Court and not having been
    challenged by the Appellant before the Supreme Court, no other opinion could
    be formed by the Trial Court. The relevant portion of the impugned order is set

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 5 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03
    out below:

    “9. The Court has heard arguments and perused the
    record.

    10. As far as the merits of the case are concerned, the
    Court has already discussed the same in its previous
    order dated 12.10.2022 and now, the only question
    before the Court is, if after the order dated 05.01.2026
    of the Hon’ble Supreme Court, this Court should
    consider the application and grant the desired relief to
    the applicant.

    11. No doubt that vide order dated 05.01.2026, the
    Hon’ble Supreme Court has granted bail to co-accused
    persons namely Shifa-Ur- Rehman, Salim Khan,
    Meeran Haider, Shadab Ahmad and Gulfisha Fatima.
    As submitted by ld. counsel for the applicant, as
    discussed by the Hon’ble Supreme Court in the
    mentioned order, the case of the applicant may be on
    parity with the case of any other accused persons who
    have been granted bail, but this Court must keep in
    mind that the earlier bail application of the applicant
    has already been dismissed by this Court after
    considering merits in detail. Moreover, this Court in its
    previous order dated 12.10.2022 has given clear
    opinion that the accusation against the applicant
    Athar Khan are prima-facie true and as such the
    embargo created by Section 43D(5) of UAPA applies.
    Thus, when the Court has formed a certain opinion
    against the applicant, it cannot review its order and
    give any opinion contrary to the previous opinion.
    More importantly, the facts and circumstances of the
    case remain the same and the bar u/s 43D(5) of UAPA
    still persists. Furthermore, vide order dated
    02.09.2025, the Hon’ble High Court of Delhi has also
    dismissed the appeal of the applicant and denied bail
    to the applicant, giving opinion that there is prima-
    facie case against the applicant and embargo u/s
    43D(5)
    of UAPA automatically got attracted.
    Therefore, after the said finding of the Hon’ble High

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 6 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03
    Court, this Court cannot form any other opinion and
    grant the desired relief to the applicant.

    12. Accordingly, the Court doesn’t find merits in the
    application and the same is hereby dismissed.”

    The above order rejecting bail in the second round, after the rendering of the
    judgement by the Supreme Court, in Gulfisha Fatima (supra) is under appeal
    in the present case.

    Submissions on behalf of the Appellant

    19. Mr. Arjun Dewan, ld. Counsel for the Appellant submits that the role of
    the Appellant is almost similar to the role of the co-accused, Shadab Ahmad
    who has already been granted bail by the Supreme Court in the decision in
    Gulfisha Fatima (Supra). Various paragraphs of the said judgment have been
    relied upon by the ld. Counsel for the Appellant.

    20. It is submitted on behalf of the Appellant that there are more than 880
    witnesses to be examined in total in the present case and the Appellant has been
    in custody for around six years. Ld. Counsel for the Appellant submits that the
    Appellant is merely a local level facilitator and the judgment in Gulfisha
    Fatima
    (Supra) needs to be followed and hence, the Appellant should be
    granted bail.
    Ld. Counsel for the Appellant has also relied upon the recent
    decision of the Supreme Court in Syed Iftikhar Andrabi v. National
    Investigation Agency, Jammu, 2026 INSC 503

    21. The main submission on behalf of the Appellant is that the prosecution
    relies upon the statements of a protected witness namely ‘Pluto’, however,
    according to the ld. Counsel, the same is not reliable as there are clear
    contradictions between the statements made under Sections 161 and 164 of the
    Code of Criminal Procedure, 1973 (hereinafter, ‘CrPC‘). Ld. Counsel for the

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 7 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03
    Appellant submits that both these statements read together would show that
    immense improvement has been made by the said witness within a period of
    four days. Ld. Counsel highlights that the statements of the protected witness,
    ‘Pluto’ are diametrically opposite.

    22. Ld. Counsel for the Appellant further submits that the statements of the
    protected witness, ‘Pluto’ would be tested in evidence but for the time being,
    contradictions and improvements between the statements recorded under
    Section 161 of the CrPC and the statement under Section 164 of the CrPC are
    itself quite demonstrative of the fact that they are not prima facie reliable.

    23. Further, it is submitted on behalf of the Appellant that the Whatsapp
    chats of the Appellant would also show that the only plan on behalf of the
    Appellant was to indulge in non-violent protests and that any messages to the
    contrary are required to be construed in the proper context, particularly in view
    of the fact that the Appellant was never found in possession of any weapons,
    had no meetings with Umar Khalid and no incriminating articles were
    recovered from his possession. The submission, therefore, on behalf of the
    Appellant is that the Whatsapp chats would also not implicate the Appellant in
    respect of any killings, whatsoever.

    24. Ld. Counsel for the Appellant has placed reliance upon the order of the
    Supreme Court dated 22nd May, 2026 passed in SLP (CRL) No. 2867/2026
    titled ‘Tasleem Ahmed v. State of Govt. of NCT of Delhi‘ where similarly
    placed persons, who had undergone substantial periods of incarceration, have
    been granted bail. Paragraph 27 of the said order has been relied upon by the
    ld. Counsel for the Appellant.

    25. Reliance is also placed upon the decision in Gulfisha Fatima (Supra) to
    argue that even in the case of the co-accused, Gulfisha Fatima, a lady who was

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 8 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03
    having a much graver participation and a more active role, the Supreme Court
    has granted bail to her. The submission in this regard is that the Appellant
    would at least be entitled to parity with Gulfisha Fatima, who stands on the
    same footing in terms of her alleged role, meetings, communication and
    execution on the ground.

    26. Finally, ld. Counsel for the Appellant submits that the Appellant is at
    best a local-level facilitator or executor with no decision making power in the
    entire conspiracy and hence, deserves to be released on bail.

    Submissions on behalf of the Respondent- State

    27. On the other hand, Mr. S.V. Raju, ld. ASG along with Mr. Madhukar
    Pandey Ld. SPP has highlighted the statement of the protected witness, ‘Pluto’,
    who has attributed a specific statement to the Appellant i.e., ‘that until 100-
    200 people are not killed, the issues will not be resolved’.

    28. Ld. ASG further relies upon the WhatsApp conversation between one
    Ovais Sultan Khan and the Appellant to argue that the Appellant has actually
    instigated violent protests despite opposition from his own group.

    29. It is urged that initially the Appellant relied upon the role of Shadab
    Ahmad and parity was sought with him, however, the Appellant later on sought
    parity with Gulfisha Fatima.

    30. Further it is contended that in the case of the Appellant, the judgment of
    the Co-ordinate Bench of this Court dated 2nd September, 2025 in CRL. A.
    677/2022 has attained finality as the same was not challenged before the
    Supreme Court by the Appellant. As per ld. ASG, the embargo under Section
    43D(5)
    of the UAPA would apply to the Appellant as none of the findings
    against Appellant in the decision dated 2nd September, 2025 have been set

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 9 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03
    aside and the same having acquired finality, the Appellant cannot now take
    benefit of the judgments in Gulfisha Fatima (Supra) or Tasleem Ahmed
    (Supra).

    31. Finally, it is submitted that in the case of all the other accused persons
    who have been granted bail in the present FIR, there has been no evidence of
    killings that has come forward. Whereas in the present case, a witness has
    clearly deposed that the Appellant had intention to cause killings and the fact
    that 53 people were actually killed in these riots cannot be lost sight of.

    Analysis and Findings

    32. At the outset, it needs to be noted that the present appeal arises out of the
    second regular bail application which had been filed by the Appellant before
    the Trial Court. In the first round, the regular bail application filed by the
    Appellant was dismissed by the Trial Court. The same was even upheld by a
    Co-ordinate Bench of this Court. There was no challenge to the said order by
    the Appellant.

    33. The Court has perused the material placed on record. The prosecution’s
    case is that the Appellant was an active conspirator in the North-East Delhi riots
    and the same is clear from various WhatsApp chats of the DPSG group placed
    on record by the ld. Counsel for the Appellant. It can be seen from the said
    chats that the Appellant has repeatedly sent messages on the said group and has
    actively participated in the riots. Moreover, the said WhatsApp chats would
    also show that in some places the Appellant has 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.

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 10 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03

    34. Further, one of the protected witness in the present case, namely, ‘Pluto’
    stated in his statement recorded under Section 164 of the CrPC as under:

    “On S.A
    (Illegible/Blurred)। मैं ऑर्ड र भी (Illegible/Blurred) हुँ ।
    दिल्ली िं ग ं से चार दिन पहले 20/21 फरवरी 2020 क मुझे
    (Illegible/Blurred) ऑर्ड र िे ने के दलये 5 आिमी आये। उनके
    नाम अथर, शािाब, सलीम मुन्ना, सलीम खान और ररजवान
    दसद्दीकी थे। उन् न ं े मुझे 10,000 की दबरयानी का ऑर्ड र दिया।
    (…sic…) चाुँ िबाग में अय्याज के ऑदफस (ज बेसमेंट में है )
    यहाुँ जायेगी दबरयानी। कुछ पैसे एर्वां स दिये और कहा बाकी
    पैसे आने पर अय्याज भाई िें गे।

    उसी दिन रात (overprint text) :30 बजे मैं दबरयानी लेकर
    पहुँ चा। मैंने दबरयानी िे कर पैसे मां गे त अथर ब ला दक पैसे
    अय्याज भाई आकर िें गे। तब तक हम दबरयानी खा लेते हैं ।
    (Illegible/Blurred) दबरयानी खाने लगे। अथर बाकी
    (Illegible/Blurred) से बात करने लगा। “अब वक़्त आ गया है
    दिल्ली में आग लगाने का। राहल राय भाई (Illegible/Blurred)
    आया था”। ब ला “हमने सारी तैयारी कर ली है । हमने
    असलहे , पेटर ल वगैरह भरवा दलया है ।

    पैसे की हमारे पास क ई कमी नहीं है । पूरी दिल्ली को
    िहलाना है। जब तक 100-200 लोग नही ीं मरें गे। 100-200
    जगह आगजनी नही ीं होगी तब तक हमारा मसला हल नही ीं
    होगा।

    अब सब दमलके तैयारी कर ल “। बादक चार ं ब ले “हम तुम्हारे
    साथ हैं “।

    ररजवान ब ला “दक मैंने यूपी (UP) से शूटर बुला रखे हैं । पैसा
    हमारे पास बहत है । दिल्ली क तहस-नहस करना है ।” दफर
    अय्याज आ गया। उसने मुझे पैसे दिये और मैं वादपस आ गया।
    मैं पूरी रात स नहीं पाया। मैंने स्पेशल सेल के बारे में सुन रखा
    था। (Illegible/Blurred) मैं स्पेशल सेल के पास गया।
    (Illegible/Blurred) उनक मैंने सारे हालत बताए । र्ीसीपी

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 11 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03
    साहब ब ले “बादक हमारा काम है । हम िे ख लेंगे”।
    (Illegible/Blurred) मैंने िे शदहत में दकया है ।”

    35. A perusal of the above would show that as per the protected witness, the
    clear and unequivocal stand of the Appellant was “Puri delhi ko dahlana hai.
    Jab tak 100-200 log nahi marenge, 100-200 jagah aagjani nahi hogi tab tak
    hamara masla hal nahi hoga.”

    36. The above statement is corroborated by the WhatsApp messages of one
    Ovais Sultan Khan who in fact dissuaded the Appellant from causing any
    violence and had advised him to keep the protests against the CAA and NRC
    as non-violent. One such message of Ovais Sultan Khan was sent on 17th
    February, 2020 at 3:20 p.m. The same reads as under:

    “Athar Mian,
    I am not educated one.

    But I would like to tell you that some local people have
    evidences of what you all were saying last night about
    your plans of road blockade-your proposal to incite
    violence.

    So, don’t play with fire because it will not hurt you. It
    will hurt us badly.

    Our protests will remain nonviolent.”

    37. In fact, this was in response to a message sent by the Appellant at 2:47
    p.m. where the Appellant is stated to have suggested road blockade and other
    violent steps. In fact, on the very same day at 3:34 p.m., Ovais Sultan Khan has
    again written to the Appellant -“itnaa samjh lo sirf ki violence nahi karne denge
    tumhe aur tumhare dosto ko, bhai.”

    38. Ovais Sultan Khan also confirms another WhatsApp chat where the
    Appellant is wanting violent protests which is being opposed by many members
    of the DPSG group. The WhatsApp chats of the DPSG group, therefore, clearly

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 12 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03
    confirm the intentions of the Appellant and the statement made by the protected
    witness i.e., Pluto wherein the Appellant was exhorting everyone to cause
    actual deaths and damage to public property. The above evidence along with
    findings in the earlier bail orders rendered by both the Trial Court and the Co-
    ordinate Bench of this Court would prima facie show that the role of the
    Appellant is not the same as the other co-accused who have been granted bail
    in the present FIR.

    39. The prosecution has also set out a case against the Appellant that he was
    responsible for inciting violence which allegedly resulted in deaths. However,
    the same is based on statements recorded under Section 161 of the CrPC, which
    are yet to be established during trial.

    40. In the opinion of this Court, any evidence which would point to the
    Appellant’s role in the deaths which were caused during the riots would make
    Appellant a core conspirator and not merely an executor at the ground level.

    41. In Gulfisha Fatima (Supra), the Supreme Court clearly distinguished
    between the role of core conspirators and field-level operators. In the said
    judgment
    , the Supreme Court considered and discussed in detail the role
    attributed to each of the Appellants therein. The Supreme Court undertook an
    individual assessment of the allegations, the material placed on record, and the
    specific role ascribed to each of the Appellants, which can be summarised as
    under:

    Sharjeel Imam

    42. In respect of Sharjeel Imam, the Supreme Court holds that the role of the
    said co-accused is not episodic. He was part of the mobilisation strategy and
    there was a continuing course of conduct by him. He had also engineered the

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 13 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03
    course of the WhatsApp groups and chats suggesting mass mobilisation. The
    Supreme Court considered the statement of the protected witnesses under
    Section 164 of the CrPC. The Supreme Court also considered that Sharjeel
    Imam may have outwardly couched his conduct in the language of non-
    violence, though he had, in fact, indulged in sustained blockade, choking of
    essential supplies and deliberate paralysis of civic life. The observations of the
    Supreme Court qua Sharjeel Imam are as under:

    “163. The Court is also mindful of the appellant’s
    reliance on the assertion that he opposed violence. Such
    an assertion does not, at the bail stage, neutralise an
    allegation of conspiracy and preparatory orchestration.
    A conspirator may outwardly couch the conduct in the
    language of non-violence while engaging in acts
    intended to create conditions of confrontation and
    escalation. The prosecution case is that sustained
    blockade, choking of essential supplies, and deliberate
    paralysis of civic life are not benign political acts but
    steps in a planned trajectory, which then culminated in
    violence.”

    43. The said Sharjeel Imam is stated to have not even been present in Delhi
    during the relevant period in January 2020 but still the Supreme Court held that
    even if the accusations are prima facie true, the bail application filed by such
    an individual needs to be rejected. Accordingly, the bail application of Sharjeel
    Imam was rejected.

    Umar Khalid

    44. In the case of Umar Khalid, the Supreme Court held him to be a principal
    conspirator who promoted the slogan “Bharat Tere Tukde Honge, Insha Allah
    Insha Allah”. He had mobilised for a chakka jam along with other co-accused

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 14 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03
    persons. He was an active member of the DPSG group. He was also not present
    in Delhi during the riots. However, he had delivered several provocative
    speeches. His stand before the Supreme Court was that no overt act of violence
    was attracted to him and no recoveries were effected but the Supreme Court
    held that the role of Umar Khalid was not episodic but was architectural. He
    was the organizer and co-ordinator of the Delhi riots. Even though there was
    no recovery of weapons from him, the manner in which he had conducted
    himself since inception points towards a clear conspiracy on his part. His entire
    conduct had the effect of destroying communal harmony. The observations of
    the Supreme Court in this regard are as under:

    “234. At the bail stage, the Court cannot test whether
    the protected witness statements regarding stockpiling
    or inducement of local residents will ultimately
    withstand scrutiny. What the Court can do is to examine
    whether, if those statements are accepted as they stand,
    they support an allegation that the agitation was not
    confined to symbolic protest, but contemplated
    engineered confrontation along communal fault lines.

    xxxx

    244. Having regard to the prosecution material as
    placed, including the chronology of meetings, the
    alleged articulation and propagation of the chakka
    jam strategy, the operation of coordinating committees
    and groups, the protected witness statements alleging
    preparatory and escalation-related discussions, the
    pleaded movement of protest activity into mixed-
    population zones, and the alleged systemic disruption
    of civic life in the National Capital, this Court is
    satisfied that reasonable grounds exist for believing
    that the accusations against Umar Khalid are prima
    facie true.

    245. The defence submissions, though weighty and
    articulated with care, would require this Court to

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 15 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03
    adjudicate upon credibility, resolve factual disputes,
    and choose between competing inferences. That
    exercise lies beyond the permissible limits of a bail
    inquiry under Section 43D(5).

    246. The statutory embargo is therefore attracted. The
    appeal filed by Umar Khalid in SLP (Crl.) No. 14165 of
    2025 is dismissed. The prayer for bail is rejected.

    247. It is clarified that the observations herein are
    confined to the consideration of bail and shall not
    influence the Trial Court in the adjudication of the
    matter on merits. The Trial Court shall endeavour to
    proceed with the trial expeditiously.”

    Shifa Ur Rehman

    45. In the case of Shifa Ur Rehman, the Supreme Court found that she was
    the president of the Alumni Association of Jamia Millia Islamia and had raised
    substantial funds to finance the protests. In her case, the Supreme Court was of
    the view that mere jurisdictional proximity or associative proximity with the
    core conspirator would not be sufficient to deny bail. Accordingly, she was
    granted bail by the Supreme Court.

    Saleem Khan

    46. In the case of Saleem Khan, the allegations against him were that he had
    resorted to chakka jam and destruction of CCTV cameras. The Supreme Court
    granted bail to Saleem Khan and observed as under, while distinguishing his
    role from that of Umar Khalid and Sharjeel Imam:

    “314. While the prosecution places reliance on his
    alleged attendance at meetings preceding the escalation
    of protests into chakka jams, the material does not
    disclose that Saleem exercised control over either the
    initiation of such meetings or formulation of their
    outcomes. The attribution is largely derivative,

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 16 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03
    reflecting execution of tasks discussed by others and
    limited to coordination within the Chand Bagh-
    Jafrabad cluster. The evidentiary foundation relied
    upon, even if taken at its highest, does not presently
    establish that Saleem possessed independent command
    capacity or strategic discretion warranting ongoing
    incarceration solely on the basis of his associative
    presence at key locations.

    315. The assertion that Saleem participated in the
    destruction of CCTV cameras and in facilitating the
    movement of protestors to designated sites raises
    matters for trial, however, pre-trial detention cannot be
    perpetuated merely because violent acts are alleged in
    proximity to his presence, unless a direct and continuing
    ability to influence or repeat such conduct is shown.
    There is no material before this Court indicating that
    he presently retains access to organisational resources,
    communication networks, or mobilising power that
    could enable interference with the administration of
    justice. The legitimate concerns of the State can be
    sufficiently guarded by supervision and tailored
    restrictions.”

    Meeran Haider

    47. Meeran Haider was a member of the UAH Group along with other
    students of Jamia Millia Islamia University. He was also the core member of
    the Jamia Coordination Committee and had participated in clandestine
    meetings in relation to protests itself. There was some evidence on record to
    indicate that Meeran Haider had collected certain funds for the protest, etc.,
    however, the Supreme Court observed that he was merely part of the
    organisational structure and was not operating the same. Mere remote
    participation was held to be insufficient to withhold bail. His role was also
    found to be distinguishable from that of Umar Khalid and Sharjeel Imam.

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 17 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03

    Shadab Ahmad

    48. The Appellant-Athar Khan seeks parity with co-accused, Shadab
    Ahmad. Both of them were members of the DPSG. The allegation qua Shadab
    Ahmad was that he functioned as a local-level operator and had participated in
    various meetings. The Supreme Court after considering the matter observed in
    respect of Shadab Ahmad as under:

    ” 382. Upon a prima facie assessment of the material
    relied upon by the prosecution, the role attributed to
    Shadab Ahmad appears to be that of a site-level
    executor associated with Chand Bagh and related
    protest clusters, whose presence at certain meetings is
    alleged to have facilitated operational coordination
    following directions emanating from others. The
    evidence presently placed on record does not disclose
    that he occupied an authoritative position in
    conceptualising the alleged conspiracy or that he
    exercised independent control over its strategic
    formulation. His alleged association with chakka jam
    planning, while relevant to trial, does not by itself
    sustain the continued deprivation of liberty at the pre-
    trial stage in the absence of material showing
    autonomous command or unilateral decision-making
    authority.

    383. The prosecution narrative stresses Shadab’s
    attendance at late-night meetings and his participation
    in conveying instructions to organisers of protest sites.
    However, even taken at its highest, this depiction
    situates him as a conduit for information and
    coordination rather than as an architect of escalation.
    The allegations neither establish that he devised the
    strategy to engineer violence nor that he exercised
    discretion over the location, timing, or modality of the

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 18 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03
    alleged unlawful acts. The attributed conduct is
    derivative and execution-centred, and the evidentiary
    record does not presently disclose that he shaped or
    altered the trajectory of the protests in a manner
    warranting further custodial curtailment.

    384. The State expresses apprehension that Shadab’s
    enlargement on bail may enable reactivation of dormant
    networks or interference with witnesses. However, there
    is no cogent material to suggest that he presently retains
    the organisational capacity or influence necessary to
    mobilise individuals or resources independent of the
    structures that, by the prosecution’s own account,
    operated under a hierarchical command led by others.
    The risks articulated can be effectively addressed by
    imposing conditions restraining his interaction with co-
    accused and witnesses, restricting participation in
    assemblies concerning the subject matter, and ensuring
    regular attendance before the trial court.

    385. The Court remains mindful that the alleged acts
    culminated in serious violence yet, the gravity of the
    incident cannot be the sole criterion to perpetuate
    detention when the individual’s attributed role is
    operational rather than directive. The prosecution has
    not demonstrated that Shadab’s custodial presence is
    required for ongoing investigation or that further
    evidence is contingent upon his continued
    incarceration. In the absence of such necessity,
    indefinite pre-trial detention would assume a punitive
    character inconsistent with constitutional guarantees of
    personal liberty under Article 21, particularly where the
    alleged conduct is neither shown to be ongoing nor
    presently repeatable in a manner jeopardising the
    proceedings.”

    49. Thus, the finding of the Supreme Court is that Shadab Ahmad is a local-
    level facilitator.

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 19 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03

    Gulfisha Fatima

    50. The Appellant also seeks parity with co-accused, Gulfisha Fatima. She
    is stated to have actively mobilised women protestors in North-East Delhi. She
    provided them materials to attack police personnels and non-Muslims. She is
    also stated to have received funds from co-accused, Tahir Hussain. However,
    the Supreme Court observes on her role that she did not have any independent
    command, resource control or strategic oversight over multiple protest sites.
    While discussing the role of Gulfisha Fatima, the Supreme Court also mentions
    about the role of the Appellant-Athar Khan in paragraph 411 of the judgment
    as under:

    “410. On 15.01.2020, Gulfisha Fatima is alleged to
    have been among the key individuals who initiated a
    women- and child-centric protest site at Seelampur near
    Madina Masjid, in accordance with the alleged plan of
    the conspirators. She, along with Devangana Kalita, is
    stated to have attended a conspiratorial meeting
    convened by Umar Khalid on 23.01.2020 at a
    purportedly secret office located at Yameen House,
    Seelampur. As noted hereinabove, in the said meeting,
    Umar Khalid is alleged to have issued directions for
    stockpiling red chilli powder, acid, bottles, and sticks. It
    is further alleged that pursuant to the said meeting,
    Gulfisha Fatima stockpiled chilli powder, wooden sticks
    (dandas), acid, bottles, and other materials, and that she
    used coded language to transmit directions of the
    conspirators to the protesters. Statements of protected
    witness “Echo” are relied upon in the charge-sheet in
    support of these allegations.

    411. On 17.02.2020, Gulfisha Fatima is alleged to have
    attended a meeting held at the Chand Bagh protest site
    during the night hours, which is stated to have been
    attended by members of DPSG. According to the
    charge-sheet, approximately twenty persons attended

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 20 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03
    the said meeting, including Gulfisha Fatima. At the said
    meeting, a roadmap for execution of the final phase of
    the alleged conspiracy namely, escalation of chakka
    jams into disruptive chakka jams and the organisation
    of violence and riots- is stated to have been outlined by
    co-accused Athar Khan. The charge-sheet relies upon
    electronic evidence to assert the presence of Gulfisha
    Fatima at the said meeting.”

    51. However, the Supreme Court observed that the role of Gulfisha Fatima
    was similar to that of Natasha Narwal and Devangana Kalita, both of whom
    had been granted bail, and accordingly, she was also granted bail.

    52. In light of the above background and the findings of the Supreme Court
    in respect of the various co-accused, the question that arises for consideration
    is whether the Appellant deserves to be released on bail or not.

    53. Firstly, the Appellant had not challenged the judgment dated 2nd
    September, 2025 passed by the Co-ordinate Bench of this Court. Since his
    appeal was not before the Supreme Court, his detailed role did not arise for
    consideration in the judgment rendered in Gulfisha Fatima (Supra). As a
    result, neither the allegations attributable to the Appellant nor the degree of his
    alleged participation fell for consideration before the Supreme Court while
    deciding the said matter.

    54. Secondly, the statement of the protected witness, ‘Pluto’ under Section
    164
    of the CrPC shows that the Appellant had specifically mentioned about
    violent protests leading to deaths and destruction of public property. As per the
    case of the prosecution, the Appellant is also stated to have received funds from
    co-accused, Tahir Hussain for the said protests.

    55. The role of Athar Khan, which has in fact been more than prima facie
    established from the chats recovered from Ovais Sultan Khan, would indicate

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 21 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03
    that while others were suggesting that he resort only to non-violent protests, he
    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.

    56. The statement of the protected witness, ‘Pluto’, where the Appellant is
    stated to have clearly encouraged, exhorted and led others to cause destruction
    through fire and to cause deaths through violence is 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.

    57. The decision in Gulfisha Fatima (Supra) has been recently considered
    by the Supreme Court in Syed Iftikhar Andrabi (Supra) wherein the Supreme
    Court observed as under:

    “29. We have serious reservations on various aspects
    of the judgment in Gulfisha Fatima, including
    foreclosing the right of the two appellants to seek bail
    for a period of one year. The judgment in Gulfisha
    Fatima would have us believe that Najeeb is only a
    narrow and exceptional departure from Section 43-
    D(5) justified in extreme factual situations. It is this
    hollowing out of the import of the observations in
    Najeeb that we are concerned with.

    30. No reading of Najeeb suggests that the mere passage
    of time, divorced from all surrounding circumstances,
    mechanically entitles an accused to release. The real

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 22 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03
    concern addressed in Najeeb lay elsewhere. This Court
    was concerned with the manner in which Section 43-
    D(5) was, in practice, being deployed as an almost
    conclusive basis for denial of bail notwithstanding
    extraordinary delay in trial and prolonged
    incarceration. It is precisely for that reason that this
    Court observed that the ‘rigours’ of Section 43-D(5)
    would ‘melt down’ where there is no likelihood of the
    trial being completed within a reasonable time and
    where the period of incarceration undergone has
    already exceeded a substantial part of the prescribed
    sentence. This Court in Najeeb cautioned that such an
    approach was necessary to prevent provisions like
    Section 43-D(5) from being used as ‘the sole metric for
    denial of bail or for wholesale breach of the
    constitutional right to speedy trial.’

    31. In K.A. Najeeb, a three-Judge Bench of this Court
    was clear and unequivocal in holding that once it is
    obvious that a timely trial would not be possible and the
    accused has suffered incarceration for a significant
    period of time, the courts would ordinarily be obligated
    to enlarge the accused on bail. We have already
    extracted supra paragraph 17 of the said judgment
    where it has been clearly stated that the presence of
    statutory restrictions like Section 43D(5) of the UAP Act
    per se does not oust the ability of the constitutional
    courts to grant bail on grounds of violation of Part III
    of the Constitution. Whereas at the commencement of
    the proceedings, the courts are expected to appreciate
    the legislative policy against grant of bail but the rigors
    of such provisions will ‘melt down’ where there is no
    likelihood of the trial being completed within a
    reasonable time and the period of incarceration already
    undergone has exceeded a substantial part of the
    prescribed sentence. In the facts of that case, this Court
    observed that it was conscious of the fact that the
    charges levelled against the accused were grave and a
    serious threat to societal harmony and had it been the

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 23 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03
    case at the threshold, perhaps the Court would have
    outrightly rejected such a prayer. However, keeping in
    mind the duration of incarceration and the unlikelihood
    of the trial being completed in the near future, the
    accused had to be enlarged on bail.

    32. The reasoning first in Gurwinder and then in
    Gulfisha Fatima, appears to proceed against
    something invented and then destroyed. We are
    constrained to reiterate that Najeeb was not warning
    courts against treating incarceration as the sole factor
    favouring bail. Instead, it was warning against
    treating the statutory embargo as the sole factor
    justifying continued detention by ignoring
    constitutional principles. Therefore, the subsequent
    reading that Najeeb does not create an automatic
    entitlement to bail on account of delay answers a
    proposition that Najeeb itself never advanced.

    xxxx

    35. The often invoked phrase ‘bail is the rule and jail is
    the exception’ is not merely an empty statutory slogan
    flowing from the CrPC as Gurwinder has stated. It is a
    constitutional principle flowing from Articles 21 and 22
    of the Constitution and the presumption of innocence
    which is the cornerstone of any civilised society
    governed by the rule of law. Statutes may undoubtedly
    calibrate the manner in which that principle is applied,
    particularly in cases involving national security or
    terrorist offences for which the UAP Act is meant, but
    those cannot altogether invert the constitutional
    relationship between liberty and detention. The
    statutory embargo of Section 43-D(5) must remain a
    circumscribed restriction that operates subject to the
    guarantee of Articles 21 and 22 of the Constitution.
    Therefore, we have no manner of doubt in stating that
    even under the UAP Act, ‘bail is the rule and jail is the
    exception’; of course, in an appropriate case, bail can
    be denied having regard to the facts of that particular

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 24 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03
    case.

    36. As we have noted above, several subsequent
    decisions of this Court, rendered after Gurwinder, have
    continued to apply the approach articulated in Najeeb
    in granting bail under the UAP Act on grounds of
    prolonged incarceration, gross delay in conclusion of
    trial, and the absence of any realistic possibility of the
    trial concluding in the near future.

    37. The logic underlying all these judgments traces
    back to Najeeb, which is now the law of the land
    governing the grant of bail under the UAP Act in a
    situation of prolonged detention. In that context, it is
    noteworthy that while Gulfisha Fatima relied on
    Gurwinder to adopt a narrower reading of Najeeb,
    neither Gulfisha Fatima nor Gurwinder engage with
    this subsequent line of authority of case law.

    38. Thus it is clear beyond doubt that the preference
    for bail, or the often invoked principle ‘bail is the rule
    and jail is the exception’ flows from the constitutional
    primacy of personal liberty under Article 21 and,
    therefore, cannot be displaced by legislation.

    39. In that spirit, we make it clear that Najeeb is
    binding law entitled to the protection of stare decisis.
    It cannot be diluted, circumvented, or disregarded by
    trial courts, High Courts or even by Benches of lower
    strength of this Court.”

    58. However, after the judgment in Syed Iftikhar Andrabi (Supra), the
    Supreme Court vide order dated 22nd May, 2026 passed in Tasleem Ahmed
    (Supra) has referred the tests under Section 43D(5) of the UAPA to a larger
    Bench. Vide the said order, bail was granted to two co-accused persons i.e.,
    Tasleem Ahmed and Abdul Khalid Saifi @ Khalid Saifi. The relevant portion
    of the said order reads as under:

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 25 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03

    “24. Having regard to the importance of the issue, we
    are of the view that the questions requiring
    consideration need not be confined to the correctness of
    any one decision. The controversy raises a broader
    question concerning the manner in which
    constitutional courts are to approach bail where
    prolonged incarceration is asserted in prosecutions
    governed by special statutes imposing restrictive bail
    conditions. In this background it would be imperative
    or in other words necessary for the appropriate bench
    that may be constituted by the Hon’ble Chief Justice of
    India, to clarify or expound the position of law laid
    down in
    K.A. Najeeb’s case, particularly in the
    backdrop of the rigour of 43D (5) which imposes
    restriction consciously and has received the assent of
    the Parliament, which obviously was brought in
    keeping in mind the valuable right enshrined in Article
    21
    of the Constitution of India.

    xxxx

    27. Having said so, we cannot lose sight of the fact that
    the present appellants have undergone substantial
    incarceration; that the trial is not likely to conclude
    immediately; that the appellants themselves have
    invoked the principle of calibrated constitutional
    discretion recognised in Gulfisha Fatima; and that the
    determination of the issues may consume further time.
    The appellants cannot be made to suffer continued
    incarceration merely because an important question of
    law has arisen for authoritative settlement. Without
    expressing any opinion on merits, and subject to
    stringent safeguards, we are inclined to grant interim
    bail to the appellants pending further orders.”

    59. Recently, the Supreme Court, in State of Punjab v. Balraj Singh @
    Billa
    , 2026 INSC 618, after taking into consideration the order dated 22nd
    May, 2026 passed in Tasleem Ahmed (Supra), in the context of a matter

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 26 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03
    pertaining to the Narcotic Drugs and Psychotropic Substances Act, 1985,
    observed as under:

    “22. However, we note that recently this Court in
    Tasleem Ahmed v. State Govt. of NCT of Delhi has
    referred the question concerning the approach of
    constitutional Courts in bail matters under special
    statutes, where “Article 21, prolonged incarceration
    and statutory restrictions intersect”. In view of the said
    reference, we do not wish to deliberate on this issue
    further, save and except that in our view paramount
    consideration is nothing but interest of justice for all.
    Should there be any conflict between the sovereignty
    of country and personal liberty, undoubtedly, the
    former shall prevail, particularly, when a war is waged
    against the nation, be it in the form of supply of drugs,
    which vitally affects the national economy and health
    of the people.”

    60. Coming to the general principles for grant of bail, the Supreme Court, in
    the decision in State of U.P. v. Amarmani Tripathi, (2005) 8 SCC 21, has
    elaborately discussed the factors which are required to be borne in mind by the
    Court while adjudicating an application seeking grant of bail. The relevant
    portion of the said judgment reads as under:

    “18. It is well settled that the matters to be considered
    in an application for bail are (i) whether there is any
    prima facie or reasonable ground to believe that the
    accused had committed the offence; (ii) nature and
    gravity of the charge; (iii) severity of the punishment
    in the event of conviction; (iv) danger of the accused
    absconding or fleeing, if released on bail; (v)
    character, behaviour, means, position and standing of
    the accused; (vi) likelihood of the offence being
    repeated; (vii) reasonable apprehension of the
    witnesses being tampered with; and (viii) danger, of

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 27 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03
    course, of justice being thwarted by grant of bail [see
    Prahlad Singh Bhati v. NCT, Delhi [(2001) 4 SCC 280
    : 2001 SCC (Cri) 674] and Gurcharan Singh v. State
    (Delhi Admn.) [(1978) 1 SCC 118 : 1978 SCC (Cri) 41
    : AIR 1978 SC 179] ]. While a vague allegation that the
    accused may tamper with the evidence or witnesses may
    not be a ground to refuse bail, if the accused is of such
    character that his mere presence at large would
    intimidate the witnesses or if there is material to show
    that he will use his liberty to subvert justice or tamper
    with the evidence, then bail will be refused. We may also
    refer to the following principles relating to grant or
    refusal of bail stated in Kalyan Chandra Sarkar v.
    Rajesh Ranjan
    [(2004) 7 SCC 528 : 2004 SCC (Cri)
    1977] : (SCC pp. 535-36, para 11)
    “11. The law in regard to grant or refusal of bail
    is very well settled. The court granting bail should
    exercise its discretion in a judicious manner and
    not as a matter of course. Though at the stage of
    granting bail a detailed examination of evidence
    and elaborate documentation of the merit of the
    case need not be undertaken, there is a need to
    indicate in such orders reasons for prima facie
    concluding why bail was being granted
    particularly where the accused is charged of
    having committed a serious offence. Any order
    devoid of such reasons would suffer from non-
    application of mind. It is also necessary for the
    court granting bail to consider among other
    circumstances, the following factors also before
    granting bail; they are:

    (a) The nature of accusation and the
    severity of punishment in case of conviction
    and the nature of supporting evidence.

    (b) Reasonable apprehension of tampering
    with the witness or apprehension of threat
    to the complainant.

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 28 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03

    (c) Prima facie satisfaction of the court in
    support of the charge. (See Ram Govind
    Upadhyay v. Sudarshan Singh
    [(2002) 3
    SCC 598 : 2002 SCC (Cri) 688] and Puran
    v. Rambilas
    [(2001) 6 SCC 338 : 2001 SCC
    (Cri) 1124] .)”

    61. The decision in Amarmani Tripathi (Supra) was followed by the
    Supreme Court in the decision in Prasanta Kumar Sarkar v. Ashis Chatterjee,
    (2010) 14 SCC 496 wherein the Supreme Court further elaborated upon the
    factors required to be borne in mind by a Court while deciding bail applications.
    The relevant portion of the said decision reads as under:

    “9. We are of the opinion that the impugned order is
    clearly unsustainable. It is trite that this Court does not,
    normally, interfere with an order passed by the High
    Court granting or rejecting bail to the accused.
    However, it is equally incumbent upon the High Court
    to exercise its discretion judiciously, cautiously and
    strictly in compliance with the basic principles laid
    down in
    a plethora of decisions of this Court on the
    point. It is well settled that, among other
    circumstances, the factors to be borne in mind while
    considering an application for bail are:

    (i) whether there is any prima facie or
    reasonable ground to believe that the accused
    had committed the offence;

    (ii) nature and gravity of the accusation;

    (iii) severity of the punishment in the event of
    conviction;

    (iv) danger of the accused absconding or
    fleeing, if released on bail;

    (v) character, behaviour, means, position and
    standing of the accused;

    (vi) likelihood of the offence being repeated;

    (vii) reasonable apprehension of the witnesses
    being influenced; and

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 29 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03

    (viii) danger, of course, of justice being
    thwarted by grant of bail.

    [See State of U.P. v. Amarmani Tripathi [(2005) 8 SCC
    21 : 2005 SCC (Cri) 1960 (2)] (SCC p. 31, para 18),
    Prahlad Singh Bhati v. NCT of Delhi [(2001) 4 SCC 280
    : 2001 SCC (Cri) 674] , and Ram Govind Upadhyay v.

    Sudarshan Singh [(2002) 3 SCC 598 : 2002 SCC (Cri)
    688] .]”

    The above principles for bail, as set out in the extracted decisions of the
    Supreme Court, are so well entrenched that they do not need reiteration or
    repetition.

    Conclusion

    62. In the opinion of this Court, the Appellant, having not challenged the
    earlier bail rejection orders, and his role being prima facie established in
    causing deaths through violent acts as also in the destruction of private and
    public property does not satisfy the test under Section 43D(5) of the UAPA for
    being released on bail. In fact, if the Appellant is released on bail, he 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.

    63. Accordingly, this Court is not inclined to grant bail to the Appellant. The
    impugned order is, therefore, upheld, and the present appeal stands dismissed.
    Pending applications, if any, are also disposed of.

    64. Needless to add, the observations made herein are solely for the purpose
    of deciding the bail application of the Appellant and shall not be construed as
    an expression on the merits of the case. The same shall not influence the

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 30 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03
    proceedings before the Trial Court in any manner.

    65. Copy of the charge-sheets handed to the Court by the ld. Counsel for the
    Respondent in a pen drive shall be kept in the safe custody of the Registry in a
    sealed envelope.

    PRATHIBA M. SINGH
    JUDGE

    MADHU JAIN
    JUDGE
    JULY 07, 2026
    Dj/Ck

    Signature Not Verified
    Digitally Signed CRL.A. 137/2026 Page 31 of 31
    By:RAHUL
    Signing Date:07.07.2026
    15:38:03



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here