New Delhi: A special court has dismissed an anticipatory bail plea of a businessman, who allegedly helped a 40-year-old woman to honeytrap and blackmail BJP MP from Gujarat K C Patel.
Special Judge Hemani Malhotra rejected the application of Ajay Kumar alias Ajay Pal Chauhan, against whom the court has already issued a non-bailable warrant (NWB), saying it appeared that he was an "active participant in a well thought out and a pre-planned conspiracy with the accused woman in their quest to earn money through illegal means".
The court noted that despite being asked to join the investigation, Kumar has not joined the probe and he is evading execution of NBW.
"I do not deem it fit to grant anticipatory bail. The present anticipatory bail application is accordingly rejected," the judge said.
According to the prosecution, the woman had allegedly filmed obscene videos of Valsad MP Patel after drugging him and had threatened to make them public if she was not paid Rs seven crore.
Kumar allegedly had helped the woman in execution of the offence.
The court had issued an NBW against Kumar on June 2 after the police informed it that he was untracable.
Kumar's counsel sought anticipatory bail, saying that he was neither named in the FIR nor there were any allegations against him in it.
He said Kumar, who was running a business in Noida, was ready to join the probe as and when directed.
Public prosecutor Atul Shrivastava, however, opposed the plea, saying Kumar was hand-in-glove with the prime accused, the woman, and he was instrumental in getting hidden video cameras fixed in her bedroom to ensnare prominent politicians.
He argued that despite service of notice and its affixation at his house, Kumar has failed to join investigation and the NBW has remained unexecuted due to his absence.
The court noted that as per the woman's statement, it was Kumar who had arranged the flat in which the alleged sex video was made and previously also, such videos were made involving two politicians and substantial amount of money was extorted.
The woman, along with Kumar and one Mitrapal, had gone to the flat of Patel to extort money threatening that they would expose him by making the sex video involving him go viral on social media, it noted.
The court had earlier dismissed the bail plea of the woman, also a lawyer, noting that she had earlier also lodged three FIRs against other persons for alleged offences of rape, molestation and criminal intimidation and that she had later either turned hostile or had resiled in her statement recorded before a magistrate.
The woman was arrested on May 2 by Delhi Police from her Ghaziabad house.
Patel had filed a police complaint alleging that he was drugged by the woman at her Ghaziabad house and obscene videos and photographs were taken by her.
The woman had also approached a Delhi court, claiming the police did not act on her rape complaint against the lawmaker. Her plea was dismissed.