J&K High Court Grants Pre-Arrest Bail To IAF Officer In Rape Case, Directs Police To Seek Its Nod Before Filing Chargesheet

The Jammu and Kashmir High Court has granted pre-arrest bail to an Indian Air Force Wing Commander who is accused of rape.

The FIR was lodged by the J&K Police following a complaint by a female Flying Officer, who alleged rape by the Wing Commander.

"As the petitioner who is serving as Wing Commander... and in case of his arrest his reputation as well as the service career shall be jeopardised," the bail order stated, NDTV reported.

The High Court directed the police not to file a chargesheet in the case without its permission.

"This court has allowed the investigation to continue. However, we direct that the chargesheet shall not be filed without the permission of this court," said the order by a single-judge bench.

Additionally, the court instructed the Union Territory administration’s Additional Advocate General to submit a status report by the next date of hearing.

It said that the Wing Commander should be released on bail if arrested.

The accused Wing Commander has been ordered by the court to meet the investigating officer from 14 to 16 September and whenever needed thereafter.

The accused has to give a surety of Rs 50,000, cannot leave Jammu and Kashmir without the permission of his Commanding Officer, and cannot contact any prosecution witness, the High Court said.

The allegations against the Wing Commander stem from an incident that occurred on 31 December 2023.

A young female officer has accused the Wing Commander of sexual assault and harassment, which reportedly took place during a New Year's party at the Officers' Mess.

According to the FIR, the Wing Commander allegedly asked the officer to collect a gift from his room, where he sexually assaulted her despite her pleas to stop and attempts to resist.

In her complaint, the victim detailed a series of events following the assault, alleging procedural lapses and delays in the investigation.

The female officer claimed that she faced several obstacles in reporting the incident, including the lack of a timely medical examination and an alleged biased treatment from the Internal Committee set up to probe the matter.

The complainant further alleged that instead of receiving support, she was subjected to continuous harassment, including unwarranted surveillance of her personal communications and social interactions.

She said that this has resulted in severe psychological distress, significantly affecting her mental health.

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