His Reputation And Career Will Be Jeopardized: J&K&L HC Grants Anticipatory Bail To IAF Officer Accused Of Rape

The Wing Commander was arrayed as accused following a complaint from a woman officer who alleged that he sexually assaulted her at the Srinagar Air Force Station.

A Bench of Justice Rajnesh Oswal said, “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 allowed the ongoing investigation to proceed but stipulated that no chargesheet be filed without the Court's prior approval.

Senior Advocate Khawaja Siddiqui appeared for the Petitioner and Additional Advocate General Allau din Ganie appeared for the respondents.

The Wing Commander filed two petitions with the High Court: one seeking anticipatory bail and the other for quashing the FIR. He contended that the initial complaint of sexual harassment had been investigated by a Court of Inquiry, which was later cancelled and replaced by an Internal Committee (IC) that found the allegations inconclusive as of June 15, 2024.

The Court granted bail under the following conditions:

• He shall furnish two solvent sureties for an amount of Rs. 50,000/ each, to the satisfaction of the Investigating Officer and personal bond of like amount. 2)
• He shall not leave the Union Territory of J and K without the permission of his Commanding Officer. 3)
• He will not contact any of the prosecution witnesses either physically or through any other mode. 4)
• He shall appear before the I.O w.e.f. 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 submit a status report by October 11.

In addition to granting anticipatory bail, the High Court instructed the Investigating Officer to consider whether the police could continue their investigation after the IC had completed its proceedings.

Cause Title: X v. Union Territory of J&K and Anr.

Appearance:

Petitioner: Senior Advocate Khawaja Siddiqui and Advocate Surjeet Singh

Respondents: Additional Advocate General Allau din Ganie and Advocate Furqan Yaqub Sofi