Srinagar: The High Court of Jammu and Kashmir & Ladakh has granted anticipatory bail to an Indian Air Force (IAF) Wing Commander facing allegations of rape and harassment. The decision issued on Thursday by the High Court's single bench headed by Justice Rajnesh Oswal was based on several factors, including the accused's position as a serving Wing Commander and the potential impact of the arrest on his career.
"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 said while granting bail to the Wing Commander. However, the court has imposed conditions on the accused IAF officer.
The court said, "The wing commander must furnish two solvent sureties for an amount of Rs 50,000 each and a personal bond of the same amount." "Additionally, he is prohibited from leaving the Union Territory of Jammu and Kashmir without permission from his Commanding Officer. He is also barred from contacting any prosecution witnesses and is required to appear before the investigating officer from September 14 to 16, 2024, and as needed thereafter," the court said.
It also directed the prosecution to continue its investigation and prohibited the filing of a charge sheet without the court's permission. The next hearing in the case is set for October 11, 2024.
The case stems from a First Information Report (FIR) lodged at Budgam Police Station, where the Wing Commander is accused of rape, mental harassment, and stalking by a female Flying Officer. The FIR alleges that the assault occurred during a New Year's party at the Officers' Mess on December 31, 2023. The Flying Officer claims that the accused invited her to his room under the pretence of giving her a gift and then molested her despite her repeated pleas and attempts to resist.
In her complaint, the Flying Officer has reported feeling traumatized and fearful of retaliation, which led to a delayed report of the crime. She has accused the internal committee of mishandling the investigation, with the accused being present during the recording of statements, which breached standard procedures. She has also criticized delays in medical examinations and the denial of her appeals for interim relief and changes in posting.
The Flying Officer has further alleged ongoing mental harassment, social ostracization, and unofficial monitoring of her communications, which has severely impacted her mental health. She has named several senior officers as complicit in her harassment and has urged the police to take immediate action.
The investigation is now overseen by an Inspector from Budgam Police Station. An FIR, numbered 370/2024, was filed against the Wing Commander on September 8, following the complaint by the female Flying Officer. The case is registered under Section 376(2) of the Bharatiya Nyaya Sanhita (BNS), which pertains to aggravated rape committed by individuals in positions of authority.
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