The wife of Asghar Shaikh, one of the three passengers killed on the Jaipur-Mumbai train on July 31, 2023, has opposed the bail plea of accused dismissed Railway Protection Force (RPF) constable Chetansinh Chaudhary, stating that had he been of unsound mind, he would not have handpicked the passengers from different bogeys by checking their attire and confirmed they were Muslims before killing them.
In November, Chaudhary filed a bail application claiming that he is “mentally unstable”, which should be considered for granting him bail. Chaudhary is facing trial for allegedly killing his senior assistant sub-inspector Tikaram Meenaand three passengers — Asghar Ali Abbas Shaikh, Abdul Kader Bhanpurwala and Syed Saifuddin.
On Monday, the prosecution and Shaikh’s wife, Umesa Khatoon, who is the intervener in the case, opposed Chaudhary’s bail stating that crucial witnesses are being examined and he faces serious allegations, including a charge punishable with death penalty.
“The accused mentioned some grounds in his bail application about his ill health (which) is not considerable at this point. The grounds mentioned in the bail applications of the accused does not inspire confidence,” the prosecution’s reply said.
Chaudhary’s previous plea citing his mental statewas rejected in December 2023, and he stated that he was admitted to a mental institute for four months this year as a change in circumstance to consider his bail afresh. So far, 16 witnesses have deposed in the case, including a head constable of the RPF who deposed on Monday.
The intervener’s response to the bail plea states that the case falls under the “rarest of rare” category as Chaudhary was supposed to ensure security of the passengers but had allegedly caused their deaths instead. It cited the evidence part of the chargesheet, which said that Chaudhary allegedly searched for persons from the Muslim community across bogeys.
“The conduct and modus operandi of the accused prima facie shows that he has committed cold-blooded murders of four innocent persons. He was totally in sound mind and he was aware of the ramifications and consequences of his act,” the response said.
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It added that there are ample eyewitnesses, who have deposed in the case. “It is important to note that the accused was on duty and it is a protocol of RPF that a sane, sound mind person is employed in RPF after conducting medical of the aspirants,” the reply says.
In his bail plea, Chaudhary said his mental state was not proper as he was suffering from “delusion disorder”. The reply says that the accused has nothing to show that he is of an unsound mind and is relying on a “Google search engine”. The court will hear the bail plea later this month.
Witness deposes
On Monday, the Dindoshi sessions court recorded the deposition of a witness, who was a constable at Mira Road railway station on the day of the incident. The witness told court that he had been informed about the firing and that the train had stopped as someone had pulled the chain.
He told the court that he saw a policeman in uniform with a rifle, walking on the tracks. He told the court that the policeman told him, “Mere raaste se hat jaao nahi toh goli maar dunga (move aside, or I will shoot you).”
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The witness said that he then called the other policemen and informed them about this. He then described how they located the constable and arrested him after he resisted and tried to escape. The witness identified Chaudhary, who was produced through video-conference.
Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstrates exceptional Expertise and Authority in covering the intricacies of the judicial and correctional systems. Reporting for The Indian Express, she is a highly Trustworthy source for in-depth coverage of courtroom proceedings and human rights issues.
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