The two accused, arrested in Rajasthan and brought to Gurugram, were produced before a magistrate and remanded to police custody for two days. The case began with a video the complainant posted online; the police registered it suo motu and later added the offence of attempt to murder. Everything alleged remains to be tested, and both accused are entitled to the presumption of innocence.
Gurugram: A Gurugram court has remanded Kalyan Bainsla, the man accused of hitting a woman motorcyclist with his car on Golf Course Road, to two days’ police custody, along with his cousin.
The accused were produced before Judicial Magistrate First Class Nidhi Beniwal. They are to be produced before the Court again on September 18. Advocate Lalit Bindal appeared for the accused. Both had been arrested in Rajasthan and brought to Gurugram the previous day.
The case
The case was registered by the Sector 55/56 police station under Sections 109, 281 and 125 of the Bharatiya Nyaya Sanhita, which correspond to attempt to murder, rash driving on a public way, and acts endangering the life or personal safety of others. In the application moved before the magistrate, the police also mentioned Sections 78 and 79 of the BNS, relating to stalking and to words, gestures or acts intended to insult the modesty of a woman.
The FIR was registered suo motu after the complainant posted a video on social media, recorded by a camera mounted on her motorcycle, which appeared to show a vehicle speeding towards her bike and striking it on Golf Course Road, after which she is seen falling. The complainant, who identifies herself as Sia on social media, has alleged that she was harassed before the collision and that the driver fled the spot afterwards. The police initially did not invoke the offence of attempt to murder; Section 109 was added later.
The primary accused is recorded in the court papers as Kalyan Singh and is described as a gym owner. The allegations, and the sections invoked, reflect the prosecution’s case at this stage and have not been tested or established.
What police custody remand means
Police custody remand is a stage at which the court permits the investigating agency to keep an arrested person in its custody for a limited period, here two days, for the purpose of investigation, as distinct from judicial custody, where the accused is held in jail. It is granted where the court is satisfied that custodial interrogation is required, and it is an investigative measure, not a punishment or any indication of guilt. At the end of the period the accused must be produced before the court again, which is why the matter is listed for September 18.
The grant of remand says nothing about whether the offences alleged will ultimately be made out. The distinction that will matter as the case develops, particularly on the most serious charge, is the one between a rash or negligent act on the road and a deliberate act done with the intention or knowledge required for attempt to murder; that is a question of evidence, and the camera footage is likely to be central to it. It is not something that can be resolved at the remand stage or in a news report.
The context
The incident drew wide attention after the video circulated online, and there were public demands for action against the driver. That attention makes restraint in reporting more important rather than less. An arrest and a remand mark the beginning of a process, not its conclusion; the addition of a grave charge reflects the direction of an investigation, not a finding; and the eventual question of what happened, and with what intention, is for the investigating agency and, if the matter goes to trial, a court to decide on the evidence.
Until then, the accused are entitled to the presumption of innocence, and the complainant’s allegations remain allegations to be established in accordance with law.
Case: FIR registered at Sector 55/56 Police Station, Gurugram, under Sections 109, 281 and 125 of the Bharatiya Nyaya Sanhita, with Sections 78 and 79 mentioned in the remand application
Before: Judicial Magistrate First Class Nidhi Beniwal, Gurugram
Appearing: Advocate Lalit Bindal for the accused
Status: Two accused remanded to two days’ police custody; next production on September 18. Allegations untested; no charge established, and the accused are presumed innocent.