SRINAGAR: The Jammu & Kashmir High Court has granted conditional anticipatory bail to an Indian Air Force wing commander against whom the police registered an FIR after a woman flying officer accused him of sexual assault. However, the court has directed the police to continue the investigation.
The Budgam police has registered FIR dated September 8 for commission of offence under Section 376(2) IPC, which pertains to aggravated rape committed by persons in positions of authority, against the wing commander.
The case was registered after a complaint was filed by a woman flying officer against the officer posted at IAF station in Srinagar. Both the officers are posted at the station.
The wing commander has filed an anticipatory bail plea in the HC. While hearing the application of the accused officer, HC judge Justice Rajnesh Oswal allowed the police to continue the investigation. He, however, directed that the chargesheet should not be filed without the court permission.
“The prima facie case for indulgence is made out at this stage... In case of his arrest, his reputation as well as service career shall be jeopardiszed,” the judge observed.
The court asked Additional Advocate General Allau din Ganie to file a status report by or before the next date of hearing. In the event of an arrest, the court set terms and conditions for his release on bail.
“He shall furnish two solvent sureties of Rs 50,000 each to the satisfaction of the investigating officer and personal bond of like amount. He shall not leave J&K UT 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 investigation office from September 14-16 from 10 am till 2 pm and thereafter as and when required,” the judge ordered.
The next hearing of the case has been fixed on October 10. The flying officer in her complaint alleged the wing commander sexually assaulted her in his room on December 31, 2023 during a New Year’s party.