2023 train firing: Ex-RPF constable seeks bail citing 'borderline insanity'

Mumbai, Mar 2 (PTI) Former RPF constable Chetansinh Chaudhary, accused of killing his senior and three passengers on a moving train in 2023, on Monday sought bail from a local court, citing "borderline insanity".

Through his advocate, Chaudhary blamed railway authorities for failing to conduct a mental assessment, arguing that a proper evaluation would have prevented his deployment and the fatal shooting.

The accused allegedly gunned down his senior colleague and assistant sub-inspector Tikaram Meena, and three passengers aboard the Jaipur-Mumbai Central Superfast Express near Palghar railway station in Maharashtra on July 31, 2023.

He was apprehended near the railway tracks after the incident and has been in jail since then.

The accused, currently lodged in Thane jail, has sought bail, citing mental health conditions.

The former RPF personnel's lawyer, Pankaj Ghildiyal, presented his arguments before Additional Sessions Judge (Dindoshi court) Pravin Chatur, while pressing for his bail.

Ghildiyal submitted that the investigating officer, in the chargesheet, never pointed out the accused's intention to kill anyone. Hence, section 302 (murder) of the Indian Penal Code is not applicable.

It is a culpable homicide case, not amounting to murder, he said.

The defence argument centred around the treatment that the accused underwent for his mental condition.

The lawyer pointed out that Chaudhary was admitted to the Thane Mental Hospital for four months and 22 days last year for a mental diagnosis, and this period should also be taken into consideration.

As per a medical record of a private hospital in Uttar Pradesh (before the incident), the accused was suffering from 'abnormal hallucination', the lawyer argued, describing Chaudhary's mental condition as "borderline insanity".

The defence also contended that the trial was likely to take considerable time, and continued incarceration of the accused cannot be justified.

"I know at the end of the trial, the accused will one day be tried by this court, but at least, he should be granted bail by imposing strict conditions," the advocate submitted.

The lawyer pleaded that if the court is not of the view to grant regular bail, the accused should at least be allowed interim relief so that he can meet his family members before his sentencing.

There have been several instances where the court has granted bail in heinous crimes, he argued.

Public prosecutor Sudhir Sakpal countered that they have brought sufficient material on record that Chaudhary murdered innocent people and assaulted people on the grounds of religion.

He argued that there was no opinion of any medical practitioner about the accused's mental health, and there was no material about his mental illness before this court.

A bail at this juncture would prejudice the prosecution's case, he contended.

The matter will be heard on March 5. PTI AVI ARU