Special Judge Hemani Malhotra passed the order after public prosecutor Atul Shrivastava said non-bailable warrant (NBW) issued by the court against Ajay Kumar alias Ajay Pal Chauhan could not be executed as he was untraceable.
The court also dismissed his anticipatory bail plea 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".
"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.
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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 untraceable.
He said Kumar, who was running a business in Noida, was ready to join the probe as and when directed.
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 the probe and the NBW has remained unexecuted due to his absence.
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.
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.
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