J&K HC Grants Anticipatory Bail To IAF Officer In Rape Case, Directs No Chargesheet Without Nod

Jammu and Kashmir: The High Court has granted anticipatory bail to an IAF Wing Commander accused of rape and harassment by a female Flying Officer. It considered the accused's status and potential damage to his career.

The Jammu and Kashmir & Ladakh High Court has granted anticipatory bail to a Wing Commander of the Indian Air Force (IAF), who is facing allegations of rape and harassment levelled by a female Flying Officer. The decision was delivered by a single bench of Justice Rajnesh Oswal, who considered various factors before ordering the Wing Commander’s release.  These included his status as a serving Wing Commander in the IAF and the potential damage that his arrest could cause to his career.

The court noted that a prima facie case for bail had been made at this stage of the proceedings. The single judge bench also directed the prosecution to continue its investigation and stated that no chargesheet should be filed without the court’s permission.

"The prima facie case for indulgence is made out at this stage as the petitioner who is serving as Wing Commander in the Air Force Station, Srinagar and in case of his arrest his reputation as well as the service career shall be jeopardized," the court stated.

Strict conditions were imposed on the Wing Commander’s bail, including the provision of sureties, restrictions on his travel, and a mandate to appear before the investigating officer on specific dates. 

Allegations Against IAF Wing Commander

The allegations against the Wing Commander stem from an incident that occurred on December 31, 2023. A young female officer (name withheld) has accused him 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. She 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.

An FIR (number 370/2024) was registered against the accused on September 8, based on the female officer’s complaint.