J&K HC grants anticipatory bail to IAF officer in rape case as arrest may harm reputation

Srinagar: An Indian Air Force Wing Commander was charged with rape by the Jammu and Kashmir Police, but the High Court of J&K and Ladakh granted him anticipatory bail. In relation to the alleged incident that occurred on January 1, a formal complaint (FIR) was lodged against the officer at the Budgam police station on Sunday.

The High Court ordered on Thursday that the investigation continue while maintaining the requirement that no chargesheet be issued without the court's permission. It said that “in case of his arrest, his reputation as well as service career shall be jeopardised”.

In addition to a personal bond of the same amount, the court set two solvent sureties from the petitioner, each for Rs 50,000. The officer must obtain permission from his commanding officer to leave J&K, and the court further ordered that he not speak to any prosecution witnesses "either physically or through any other mode" or establish contact with them.

Section 376(2) of the Indian Penal Code, which was in effect at the time of the alleged incident, was the basis for the FIR that was filed against him. The section deals with sexual assaults carried out by armed forces personnel stationed in an area by the central or state governments.

At the Air Force Station in Srinagar, a female officer posted as the Wing Commander's station reported "continuous harassment, sexual assault, and mental torture."

The female officer said in her complaint, which is included in the FIR, that on December 31, 2023, following a New Year's party in the Officers' Mess at the Air Force Station, she was forced into performing a sexual act on him.

She alleged that the Wing Commander invited her to a room to receive a present for the new year, and that was when the sexual assault occurred on January 1 at around two in the morning.