HC grants anticipatory bail to IAF Officer in ‘rape case’

Srinagar, Sep 13: The High Court of J&K and Ladakh has granted anticipatory (pre-arrest) bail to the Wing Commander of the Indian Air Force (IAF) accused of rape charges by a woman Flying Officer.

A bench of Justice Rajnesh Oswal allowed the Wing Commander’s anticipatory bail plea and granted him bail in the case (FIR No 0370/2024 dated September 8, 2024) for the commission of an offence under Section 376(2) of IPC (rape) registered with Police Station, Budgam.

In response to a separate plea, while the court also permitted investigation to continue in the case, it however directed that the charge sheet shall not be filed without its 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 jeopardised,” the court said in its order.

It directed the government to file the status report before October 11, the next date of hearing.

“It is directed that in the event of arrest of the petitioner (Wing Commander) in FIR No 0370/2024 dated September 8, 2024, for the commission of an offence under Section 376(2) IPC registered with Police Station Budgam, he be released on bail subject to terms and conditions,” the court said.

It asked the Wing Commander to furnish two solvent sureties for an amount of Rs 50,000 each, to the satisfaction of the Investigating Officer and a personal bond of like amount.

The court also directed the Wing Commander not to leave Jammu and Kashmir without the permission of his Commanding Officer.

While the court ordered that the Wing Commander would not contact any of the prosecution witnesses either physically or through any other mode, it said he should appear before the IO from September 14, 2024, to September 16, 2024, from 10 am to 2 pm and thereafter as and when required.