Chargesheet for attempt to murder filed against both accused in road rage case with Delhi biker on GCR

Charges under sections 78 (stalking) and 79 (word, gesture or act intended to insult the modesty of a woman) of BNS were also retained against the two men, police said

Gurugram Police on Monday filed the charge sheet against both accused in the road rage incident on Golf Course Road on September 13. Charges under attempt to murder have been framed against the accused for deliberately ramming Delhi woman Shivani Chauhan alias Sia’s bike with their car, as per the charge sheet.

The two accused Kalyan Bainsla, 33, and his cousin Lavnish, 34 -- both from Palwal -- were arrested from Rajasthan Dausa’s on September 15.

Inspector Sukhpal, station house officer of Sector 56 police station, confirmed the charge sheet filing on Monday.

“Attempt to murder charge under Section 109(1) of Bharatiya Nyaya Sanhita invoked in the FIR against Kalyan as well as Lavnish were retained in the charge sheet,” he said.

Charges under sections 78 (stalking) and 79 (word, gesture or act intended to insult the modesty of a woman) of BNS were also retained against the two men, he said.

According to police and a video footage posted by Sia, the incident took place on September 13, when she was riding a motorcycle with other bikers on Golf Course Road. Kalyan, who was driving a Maruti Ciaz, allegedly approached her, attempted to talk, and later made obscene gestures and comments.

However, Kalyan, raced behind her and suddenly changed lanes to ram her before fleeing.

The incident came to light after Sia posted a video footage of the road rage on social media recorded in her helmet-mounted camera. The footage showed Sia’s bike falling after the car rammed her, injuring her. Other bikers attempted to stop the car at a traffic signal, but the driver sped away.

Gurugram police suo-motu registered an FIR the same day under sections 125 (act endangering life or personal safety of others) and 281 (rash driving) of the Bharatiya Nyaya Sanhita (BNS) at Sector 56 police station.

A special investigation team was formed, which added sections 109(1) (attempt to murder), 78 (stalking), 79 (word, gesture or act intended to insult the modesty of a woman) and 3(5) (common intention) of BNS to the FIR.

Assistant commissioner of police (crime against woman) Shushila said more than a dozen CCTV camera recordings from locations along the route and the victim’s helmet-mounted camera and video recorded by fellow riders were examined. “Approval from the senior authorities was sought before the charge sheet was prepared under attempt to murder charges,” she said.

Sia, while speaking to HT on Monday, said she was glad that Gurugram police retained these charges in the chargesheet. “Police didn’t even let the two get bail yet from the court by opposing it vehemently. Such people should have the fear of law which, though exists to safeguard citizen, but is not always used. This step by police has set an example,” she said.

“After September 13 incident, I have not been able to ride bike till now. I suffered a ligament tear in my left knee in the crash,” she added.