Palwal (Haryana) [India], September 15 : Pushing back against allegations of deliberate vehicular assault and harassment, Naveen Bainsla, the advocate representing accused driver Kalyan Bainsla in the Gurugram Golf Course road crash case, on Tuesday claimed that the incident was not a hit-and-run, but a case of mutual negligence resulting from overspeeding and racing.
Speaking to ANI, the advocate refuted claims of intentional ramming, alleging that a group of 20 to 30 motorcyclists was performing stunts on the road and provoking other vehicles to race.
"This is not a hit-and-run case; it is a matter of negligence. It happened purely due to overspeeding and reckless behavior—they were racing against each other. There was a large group of bikers—about 20-30 riders. Instead of following road rules, they were speeding and performing stunts. They were taunting and harassing other vehicles, provoking them to race or overtake," Advocate Naveen Bainsla said.
He contended that the collision occurred as both the car and the two-wheelers were travelling at high speeds, resulting in a loss of vehicular control.
"The collision between the car and the bike occurred simply because of the speed at which they were driving. It is strictly a case of negligence—nothing more to it than that. It was simply a case where both parties were at fault—the riders and him. They were racing at high speeds, lost control, and the vehicles collided," he stated.
Dismissing the victim's claim that the people in the car were intoxicated, the lawyer asserted that the driver was travelling with family members early in the morning and had no alcohol in his system.
"Kalyan Bainsla is from my village. He is a very good man; he is a national and international Kabaddi player. There hasn't been a single complaint against his family to date; they are a very socially respected family. They were not drinking. It happened at 7 in the morning. His family members were with him. Claims about drinking are completely false. He is a gym trainer and a gym owner," the advocate claimed.
Underlining their willingness to participate in the legal process, Bainsla added, "The police are currently investigating the matter. We will face whatever further action follows."
Kalyan Bainsla, the man accused of allegedly hitting biker Sia on Gurugram's Golf Course Road, was arrested by Gurugram Police from Dausa, Rajasthan, on Tuesday. The Police will soon bring the accused to Gurugram.
Meanwhile, the Gurugram Police has added Section 109 of the BNS to the case. According to a Police statement, "Following the viral video of a car hitting a female bike rider on Golf Course Road, Gurugram Police took suo motu cognisance and registered a case at Sector-56 Police Station. During the intensive investigation, after a thorough analysis of CCTV footage, Section 109 of the BNS (Attempt to Murder) has been added to the case, which carries a provision of up to 10 years of imprisonment.
In a warning issued, the Gurugram Police said, "Playing with the law will not be tolerated at any cost. Gurugram Police is committed to taking strict action against the accused."
The incident took place on Gurugram's Golf Course Road on Sunday morning when Sia was riding with fellow bikers. She was injured after Baisla, who was driving a four-wheeler, allegedly rammed into her bike in an incident being treated by police as a suspected hit-and-run case.
The FIR was registered at Sector-56 Police Station in Gurugram after the police's Social Media Monitoring Cell intercepted the video circulating on social media on September 14.