Suspended Jammu and Kashmir DSP Davinder Singh, arrested while ferrying two Hizb-ul-Mujahideen terrorists in a vehicle on the Srinagar-Jammu Highway earlier this year, moved a Delhi court on Tuesday seeking bail.
Davinder Singh and two other accused in the case - Irfan Shafi Mir and Sayed Naveed Mushtaq - moved the applications, claiming their custody is not required in the case.
The court is scheduled to hear the matter on Wednesday.
Advocate MS Khan, appearing for the three accused who are lodged in Tihar jail, told the court that no purpose will be served by keeping his clients in further custody.
Plea stated that the accused were arrested on March 14, 19 and 27 respectively and are no longer required by the police for the purpose of investigation.
"The accused are wrongly and falsely implicated in the case. There is no material/ evidence to show the existence of any conspiracy to commit any act with intent to threaten or likely to threaten the unity, integrity, security or sovereignty of India and there is also no material to substantiate that the accused had the intention or conspired to carry out terror strike," their lawyer said in the application.
The plea also added that the accusations against them are not well-founded nor substantiated by any material and do not give rise to the existence of prima facie case against the accused.
Dalvinder Singh was suspended from the Jammu and Kashmir Police in January this year. The Special Cell had brought him to Delhi from Hira Nagar Jail in Jammu and Kashmir.
He was arrested in a case related to the planning/execution of terror attacks in Delhi and other parts of the country.
According to the police, he used to chat with other co-accused and militants of Hizbul Mujahideen through various internet platforms.
Earlier, the police had told the court that Mushtaq and others were planning to execute terror attacks in Delhi and other parts of the country as well as carry out targeted killings of protected persons.
The police said Mushtaq, the commander of Shopian district of Hizbul Mujahiddeen, used to chat with the other co-accused and militants through various internet platforms, including dark net chat.
"Mushtaq, along with other militants of Hizbul Mujahideen, was planning to execute terror attack in Delhi and other parts of the country and targeted killings of protected persons," the police told the court.
Delhi Police has filed a case under Section 120B (criminal conspiracy) of the Indian Penal Code (IPC). The FIR said the youths of Jammu and Kashmir and Punjab are being trained for carrying out terrorist activities.
The case also mentioned Chhota Shakeel, accused in many criminal cases.
According to the FIR, Delhi Police's Special Cell had received an input that the D Company, run by fugitive Indian underworld kingpin Dawood Ibrahim, is funding pro-Khalistan terrorist organisations in Punjab.
Davinder Singh was taken in custody under the same case.
The Special Cell had also interrogated Dalvinder Singh regarding the Khalistan angle, police said.
Although Dalvinder Singh is not named in the case, the Special Cell has some inputs on the basis of which the enquiry will be carried out and he will be questioned, the police had said.