'His Reputation Will be Jeopardised': IAF Wing Commander Gets Pre-Arrest Bail In Rape Case

Srinagar: The Jammu and Kashmir High Court on Friday granted pre-arrest bail to an Indian Air Force (IAF) Wing Commander who is currently facing rape charges. "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 bail order stated.

The high court also instructed the police not to proceed with filing a chargesheet without its approval. The order, issued by a single-judge bench, stated, "This court has allowed the investigation to continue. However, we direct that the chargesheet shall not be filed without the permission of this court."

Conditions for Bail Granted to Wing Commander

• Sureties and Personal Bond: He must provide two solvent sureties of ₹50,000 each, to the satisfaction of the Investigating Officer (IO). He is also required to furnish a personal bond of the same amount.
• Travel Restrictions: He is prohibited from leaving the Union Territory of Jammu and Kashmir without obtaining permission from his Commanding Officer.
• Witness Contact: He must not contact any of the prosecution witnesses, either in person or through any other means.
• Mandatory Appearances: He is required to appear before the Investigating Officer from September 14 to 16, 2024, between 10 A.M. and 2 P.M. He must also appear whenever summoned thereafter.

FIR Against Wing Commander 

An FIR was registered at Budgam police station against the Wing Commander following a complaint by a woman flying officer accusing him of rape. The IAF said it is cooperating with the police. Both the Indian Air Force (IAF) officers are currently stationed in Srinagar.  A day after the complaint by the woman officer, the FIR under Section 376(2) of the IPC was filed at Budgam police station in central Kashmir. "We are aware of the case. The Air Force Station in Srinagar was approached by the local Budgam police station on the subject. We are fully cooperating towards this case," a senior IAF official said.

Giving details, the officials said the 26-year-old woman officer alleged that she was subjected to "continuous harassment, sexual assault, and mental torture" "primarily by authorities at the Air Force Station, Srinagar". 

What Did The Woman Allege?

In her complaint, the officer alleged that at a New Year party at the officers' mess on December 31, 2023, her senior asked whether she had received the gift. "I said I had not received any. The Wing Commander asked me to come to his room where he has kept all the gifts," she said.

The woman said when she went along with him to his room, his family was not there, and upon inquiring, he replied that they were someplace else. She further alleged that her senior forced her into oral sex and molested 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.

The woman officer said when she reached out to two other women officers, they guided her to file a complaint.

"I went into a mental shock being new to the atmosphere in forces. I was embarrassed and broken to the extent that I lacked the courage to report. I can't describe the mental agony of being an unmarried girl who joined the forces and was treated in such a heinous manner," she said.

The IAF officer said that she was in a "dilemma of whether to discuss or be quiet. Finally I took a call and decided to fight". After her complaint, she said, a Colonel-rank officer was ordered to investigate the incident.

"The Wing Commander was made to sit with me on January 29 and 30. He noted down my statement and examination," she said, adding, she objected to his presence and then the investigation was "closed to hide mistakes of the administration".

The woman officer alleged she was told to put in a fresh application addressed to the Internal Committee, and when she did so, it took two months for the station to assemble an Internal Committee.

"The bias of Stn (Station) authorities to aid the sexual offender was very heart-breaking for me," she has said, alleging that a medical examination was not done till she insisted multiple times.

"The IC (internal committee) did not do its job properly as directions had come from higher formation to keep the result as neutral. Everyone was aiding the sexual offender," the flying officer alleged.

She alleged she is "forced to socialise with these people and attend events with my abuser". "While he is enjoying. I am getting harassed in (the) hands of authorities on a daily basis," she alleged.

The Internal Committee has stated that it is inconclusive whether the incident happened or not because of lack of an eyewitness and closed its probe in May, she said.

"Isn't it common sense that someone would not do sexual assault in front of a witness?" she added.

The woman officer has complained of "continuous mental harassment" and "social boycott". "My personal communications have been constantly monitored unofficially. The individuals I speak with are harassed by the authorities," she alleged, requesting the police initiate appropriate legal action against the perpetrators. "I hope you will take immediate action to ensure justice is served and that my rights are protected," she added.