Chargesheet in Gurugram biker crash incident to retain attempt-to-murder charges against accused Kalyan Bainsla

Police said the charge-sheet will retain the attempt-to-murder charge against the accused, who was driving the car, and his cousin, who was in passenger seat.

Police have completed their investigation into the September 13 road rage incident involving Delhi-based biker Shivani Chauhan, alias Sia, who was allegedly chased and deliberately hit by a car on Gurugram’s Golf Course Road, and are expected to file a charge-sheet against the two accused next week, officials said on Monday.

A video grab of the alleged incident on September 13. Police said Chauhan accelerated to get away, but the driver allegedly pursued her, caught up with her motorcycle and abruptly changed lanes, hitting her before fleeing. Other bikers tried to stop the car at a traffic signal, but the driver sped away (HT Photo)

The charge-sheet will retain the attempt-to-murder charge against the accused -- Kalyan Bainsla, 33, who was driving the Maruti Suzuki Ciaz, and his cousin Lavnish, 34, who was in the passenger seat -- who currently remain in judicial custody after their bail pleas were rejected. Investigators concluded that the car was deliberately driven into Chauhan’s motorcycle, police said.

Chauhan was riding her motorcycle with a group of bikers on Golf Course Road on the morning of September 13 when the driver of a car allegedly repeatedly approached her and tried to strike up a conversation. She gestured to him to maintain a safe distance to avoid a collision.

Police said Chauhan accelerated to get away, but the driver allegedly pursued her, caught up with her motorcycle and abruptly changed lanes, hitting her before fleeing. Other bikers tried to stop the car at a traffic signal, but the driver sped away.

The incident came to light after Chauhan posted footage of the collision on Instagram. The video went viral, prompting police to register a suo motu FIR at the Sector 56 police station on September 14 under Sections 125 (act endangering life or personal safety of others) and 281 (rash driving) of the Bharatiya Nyaya Sanhita (BNS).

A senior police officer said the special investigation team (SIT) formed to probe the incident had completed its investigation and prepared the charge-sheet, retaining all the additional provisions invoked during the investigation.

“The special investigation team formed in the case had 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 after recording the statement of victim and watching the CCTV camera footage and crash videos,” the officer said.

Police said the footage and Chauhan’s statement indicated that the accused had allegedly pursued her, made obscene gestures and deliberately hit her motorcycle in an act of retaliation that could have proved fatal.

Police said Kalyan Bainsla his cousin Lavnish allegedly fled to their hometown in Palwal after the incident.

Police said the two subsequently travelled to Salasar and Mehandipur Balaji in Rajasthan before being arrested in Dausa on September 15.

Police said both accused had applied for regular bail following their arrest, but the court rejected their pleas.

According to officials, the prosecution opposed bail, citing the seriousness of the allegations and concerns that the accused could influence the victim or witnesses and interfere with the investigation.

Police said the investigation did not establish that the two accused were intoxicated at the time of the incident. However, CCTV footage and other technical evidence confirmed that they had visited a nightclub on MG Road after travelling from Palwal with two other men, who were not found to be involved in the case. The road rage incident occurred within half an hour of the accused leaving the nightclub.

Both accused remain in judicial custody. A police officer said the chargesheet was expected to be filed well within the statutory deadline, preventing the accused from seeking default bail on grounds of delay in completing the investigation within the stipulated 90 days.