Why Jammu and Kashmir High Court granted anticipatory bail to IAF Wing Commander in rape case

The Jammu & Kashmir and Ladakh High Court on Thursday granted anticipatory bail to a Wing Commander of the Indian Air Force (IAF) in a rape case..Justice Rajnesh Oswal permitted the investigation to continue but directed that the chargesheet in the rape case shall not be filed without the Court's permission.The Wing Commander was booked on September 8 by the Budgam Police Station in Central Kashmir on a woman officer's complaint that he had sexually assaulted her at the Srinagar Air Force Station.The Court granted relief to the Wing Commander, saying the officer's reputation and career would be jeopardised in case of his arrest."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 Court said in the order..Accordingly, it granted the Wing Commander bail on following grounds,He shall furnish two solvent sureties for an amount of ₹50,000 each, to the satisfaction of the Investigating Officer (IO) and personal bond of like amount.He shall not leave the Union Territory of J&K without the permission of his Commanding Officer.He will not contact any of the prosecution witnesses either physically or through any other mode.He shall appear before the IO with effect from 14.09.2024 to 16.09.2024 from 10 A.M till 2 P.M and thereafter as and when required..The Court also directed the State to file a status report by or before the next date of hearing on October 11..According to the First Information Report (FIR), the woman officer was forced to perform a sexual act on him after the New Year’s Party held at the officers’ mess on December 31, 2023.She further alleged that the sexual assault took place in a room at around 2 am on January 1 after the Wing Commander asked her to come to a room to receive a new year gift.The officer has also accused senior IAF officers of not taking her complaint seriously..The Wing Commander filed two petitions before the High Court - one for quashing the FIR and another for anticipatory bail.In the petition seeking quashing of the case, it was submitted that the complainant initially had filed a complaint of sexual harassment against him."Pursuant to which, Court of Inquiry was constituted, but was subsequently cancelled and thereafter, a new Internal Committee (IC), was constituted by the Competent Authority, and the Committee returned the findings that the subject matter remains inconclusive and not proved against the petitioner vide findings dated 15.06.2024," the Court was told.The plea alleged that the woman officer in a "calculated action", more than three months after completion of the IC proceedings, filed the police complaint, raising same allegations as submitted earlier before the Court of Inquiry and IC.The Wing Commander also alleged that the woman officer had gone to media to influence the investigation and proceedings before the competent authority."This has resulted in immense hardship ... for the petitioner and his family. It is to be noted that the Petitioner is a reputed officer of the Armed Force married to a fellow officer and has two minor children aged 14 and 6. This also affects the life of young children and aged parents who are put to shame without going into the actual facts and merits of the case," it was contended..Pertinently, while granting pre-arrest bail to the Wing Commander, the High Court on Thursday also directed that the Investigating Officer shall consider the contention that the police cannot continue with the investigation once the IC has taken cognisance and concluded its proceedings..Senior Advocate Khawaja Siddiqui with advocate Surjeet Singh appeared for the accused.Additional Advocate General Allau din Ganie with advocate Furqan Yaqub Sofi appeared for the State..[Read Orders].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.