HC grants pre-arrest bail to IAF officer accused of sexual assault

The Jammu and Kashmir High Court has granted pre-arrest bail to an Indian Air Force officer, against whom a woman flying officer had filed a complaint alleging “sexual assault, harassment and mental torture”.

“It is directed that in the event of arrest of the petitioner…for commission of offence…he be released on bail,” the court said in its order, after the accused approached the High Court seeking bail in anticipation of the arrest.

The court in the order “permitted the investigation to continue”, however, it directed that the charge sheet shall not filed without permission of this court” and said "prima facie case for indulgence is made out at this stage", and “in case of his arrest his reputation as well as the service career shall be jeopardised”.

J&K Police recently registered an FIR after a woman flying officer filed a complaint against the wing commander. The FIR was lodged under Section 376(2) of the IPC at Budgam police station in Central Kashmir.

The court, however, has imposed some restrictions on him. He has been asked to furnish “two sureties of Rs 50,000 each and a personal bond of like amount,” and told not to leave Jammu and Kashmir “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 investigating officer from September 14 to 16, from 10 am till 2 pm, and thereafter as and when required,” the court said.