The Jammu and Kashmir High Court on Friday granted pre-arrest bail to the Wing Commander of the Indian Air Force (IAF) accused of rape, mental harassment and continuous stalking of a woman Flying Officer.
"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 jeopardised," the bail order stated.
The court order came a day after Jammu and Kashmir Police filed a first information report (FIR) after the woman officer lodged a complaint alleging rape by the Wing Commander.
Notably, the court has also directed the police not to file a chargesheet in the case without its permission, marking a rare legal precedent, particularly in cases involving charges under Section 376 (rape), where bail is not typically granted.
"This court has allowed the investigation to continue. However, we direct that the chargesheet shall not be filed without the permission of this court," said the order by a single-judge bench.
The court's bail conditions include two sureties of Rs 50,000 each. Furthermore, the accused has been restricted from leaving the Union Territory without the prior consent of his commanding officer.
Additionally, the Wing Commander must present himself before the Investigating Officer (IO) between September 14 and 16, between 10 am and 2 pm on those days.
The 26-year-old woman Flying Officer, in her complaint, alleged that she has been suffering harassment, sexual assault and mental torture for the last two years.
According to sources, the IAF has ordered an internal inquiry into the case.
In her complaint, the officer alleged that during the New Year's Eve party, 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 then 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.
Following the incident, the Budgam Police initiated an investigation, seeking assistance from the relevant Air Force station.
The Indian Air Force (IAF) has confirmed its full cooperation with the ongoing investigation.
