A Shillong court on Tuesday granted bail to Sonam Raghuvanshi, accused of getting her husband Raja Raghuvanshi killed during their honeymoon in Meghalaya holding that she was “not effectively informed of the grounds for her arrest, which violated her constitutional rights.”
The order, passed by the court of the additional deputy commissioner (judicial), East Khasi Hills, comes after Sonam spent over 10 months in custody since her arrest on June 9, 2025. Her bail plea had been rejected three times earlier.
In a strongly worded ruling, the court stated that the “Intimation of Grounds of Arrest” served to the accused was fundamentally defective. “A bare perusal… would indicate that the petitioner was not informed about the offence u/s 103(1) BNS,” the court observed, noting that the documents cited incorrect sections (403 instead of 103) and failed to specify the actual charge of murder.
The BNS, which replaced the Indian Penal Code (IPC) on July 1, 2024, does not have a section 403 (1). Under the IPC, section 403 dealt with the offense of dishonest misappropriation of property.
Rejecting the prosecution’s claim of a “clerical error,” the court held that such inconsistencies across all documents could not be treated as minor lapses. “Though it has been argued that this is a clerical error, however such error cannot occur in all documents,” the order read. It noted that across multiple official records, including the arrest memo, inspection memo and case diary extracts, the same incorrect sections were repeatedly used.
The court further flagged that none of the checkboxes indicating the accusations against Sonam were ticked.
Crucially, the court ruled that the failure to clearly communicate the grounds of arrest deprived the accused of her right to defend herself, thereby violating Article 22(1) of the Constitution. “Sufficient knowledge of facts constituting grounds of arrest has not been effectively communicated… prejudice has been caused to her as far as her defence is concerned,” the order stated.
Citing Supreme Court rulings, including Vihaan Kumar vs State of Haryana, and a Meghalaya High Court judgment, the court concluded that such a violation vitiates the arrest itself and entitles the accused to bail.
The court approved the bail plea subject to several conditions, including that the accused shall not abscond, tamper with evidence, or influence witnesses. Furthermore, she is required to attend every court hearing, remain within the court’s jurisdiction unless permitted otherwise, and execute a personal bond of ₹50,000 with two sureties of a like amount.
The case pertains to the murder of Indore-based businessman Raja Raghuvanshi, who was found dead in a gorge near Wei Sawdong Falls in Sohra (Cherrapunji) in June 2025 during his honeymoon. Police alleged that Sonam conspired with her alleged lover and hired killers to execute the crime.
While the court’s order does not affect the ongoing trial, it marks a critical turn in the case, shifting focus from the alleged crime to procedural lapses in the arrest.
