Wing Commander accused of rape granted pre-arrest bail

The High Court of Jammu and Kashmir has approved pre-arrest bail for the Indian Air Force (IAF) Wing Commander who is facing allegations of rape, psychological abuse, and persistent harassment of a female Flying Officer.

“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.

The court order was issued the day after a First Information Report (FIR) was filed by Jammu and Kashmir Police following a complaint from a female officer alleging rape by the Wing Commander.

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Court instructed police not to file a chargesheet in the case

Significantly, the court has instructed law enforcement to refrain from filing a chargesheet in the matter without its authorization, establishing an uncommon legal ruling, especially in instances of charges related to Section 376 (rape), where bail is usually not allowed.

“This court has permitted the inquiry to proceed. We order that the chargesheet cannot be filed without the court’s permission,” stated the order issued by a judge sitting alone.”

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Defendant restricted from leaving Union Territory without consent

The bail conditions set by the court require two sureties of Rs 50,000 each. Moreover, the defendant is prohibited from departing the Union Territory without obtaining approval from his superior officer in advance. Furthermore, the Wing Commander is required to appear before the Investigating Officer (IO) on September 14-16, from 10 am to 2 pm.

Flying officer alleged harassment, sexual assault for 2 years

The Flying Officer, aged 26, stated in her complaint that she has faced harassment, sexual assault, and mental torture over the past two years. Sources report that the IAF has initiated an internal investigation into the matter.

During the New Year’s Eve party in 2023, the officer claimed that her superior inquired about whether she had gotten the present. “I mentioned that I hadn’t gotten any.” She said that the Wing Commander requested her presence in his room where he stored all the gifts. When the woman accompanied him to his room, she noticed his family was missing. When she asked about it, he informed her they were elsewhere. She claimed that her senior coerced her into performing oral sex and groped her.

“I repeatedly asked him to stop doing it and tried to resist it in all ways possible. Finally, I pushed him and ran away,” she said.