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The court further noted that arresting the individual could damage both his reputation and his career in the military.
In its ruling, the court has allowed the investigation to continue but instructed that the charge sheet should not be filed without its permission
The Jammu and Kashmir High Court on Friday granted pre-arrest bail for an Indian Air Force Wing Commander who is accused of rape.
In its ruling, the court has allowed the investigation to continue but instructed that the charge sheet should not be filed without its permission.
The court further noted that arresting the individual, whose name has not been be disclosed, could damage both his reputation and his career in the military.
The court has outlined specific bail conditions for the IAF Wing Commander, requiring him to provide two solvent sureties, each worth Rs. 50,000, to the satisfaction of the Investigating Officer, along with a personal bond of the same amount.
Additionally, he is prohibited from leaving the Union Territory of J&K without obtaining prior permission from his Commanding Officer.
Furthermore, the court has mandated that he must avoid any form of contact with the “prosecution witnesses either physically or through any other mode”. He is also required to attend court sessions from September 14 to 16, between 10 A.M. and 2 P.M., and as needed thereafter.
Allegations against Wing Commander
The court’s ruling comes after an FIR was registered at Budgam police station against the Wing Commander, prompted by a rape complaint filed by a woman flying officer earlier this week. Both the accused Wing Commander and the 26-year-old complainant are currently stationed in Srinagar.
The woman officer has alleged that she was subjected to “continuous harassment, sexual assault, and mental torture” “primarily by authorities at the Air Force Station, Srinagar”.
In her complaint, the officer alleged that during a New Year party at the officers’ mess on December 31, 2023, her senior inquired whether she had received a gift. When she replied that she had not, the Wing Commander invited her to his room, claiming that he had all the gifts there.
The woman reported that when she followed him to his room, his family was not present. When she asked about their whereabouts, he informed her that they were away. 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 stated.
The woman officer said that when she confided in two other female officers, they advised 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.
A Colonel-rank officer was ordered to investigate the incident.
(With inputs from PTI)
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