J&K High Court Grants Pre-Arrest Bail to IAF Wing Commander Accused of Rape

The Jammu and Kashmir High Court has granted pre-arrest bail to an Indian Air Force Wing Commander who is accused of rape. The decision follows a complaint lodged by a woman Flying Officer, alleging that the Wing Commander sexually assaulted her.

"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 jeopardized," said the court acknowledging the potential impact of arrest on the Wing Commander’s career. The woman Flying Officer, aged 26, has accused the Wing Commander of ongoing harassment, sexual assault, and mental torture over the past two years.

The court has directed the police not to file a chargesheet in the case without its prior approval. "This court has allowed the investigation to continue. However, we direct that the chargesheet shall not be filed without the permission of this court," the single-judge bench order noted.

Additionally, the court has instructed the Union Territory administration’s Additional Advocate General to submit a status report by the next hearing date. If the Wing Commander is arrested, he is to be released on bail, the court ordered. The accused is required to meet with the investigating officer between September 14 and 16, and as needed thereafter.

The court has set specific conditions for bail: the Wing Commander must provide a ₹50,000 surety, is prohibited from leaving Jammu and Kashmir without his Commanding Officer's consent, and is barred from contacting any prosecution witnesses.

The woman Flying Officer has come forward with shocking allegations of sexual assault against a senior officer in the Indian Air Force. The incident occurred on December 31, 2023, at a New Year's party in the officers' mess.

According to the victim, her senior, a Wing Commander, invited her to his room under the pretext of giving her a gift. Once there, he allegedly forced her into oral sex and molested her. Despite her repeated attempts to resist and push him away, he continued the assault. The victim was left traumatized and took time to register what had happened. When she finally mustered the courage to report the incident, she faced discouragement and apathy from authorities. She alleged that the Commander showed no remorse and even visited her office post-incident, behaving as if nothing had happened.

A Colonel-rank officer was tasked with investigating the incident, but the victim alleges bias and an attempt to "hide mistakes of administration." The investigation was closed, and she was forced to file a fresh application to the internal committee. Even then, the committee's probe was inconclusive, citing lack of eyewitnesses, said the victim.

The victim claims to have faced continuous mental harassment, social boycott, and monitoring of her personal communications. She has been denied leave and requests for a different posting or transfer of the accused. The harassment has taken a severe toll on her mental health, driving her to suicidal thoughts.​