A Shillong court on Tuesday granted bail to Sonam Raghuvanshi, accused of killing her husband Raja Raghuvanshi during their honeymoon in Meghalaya, saying that she “was not actually aware of the reasons for her arrest, which violates her constitutional rights.”
The order, passed by the Court of Additional MP (Judicial), East Khasi Hills, comes after Sonam spent over 10 months in custody since her arrest on June 9, 2025. Her bail application had been rejected three times earlier.
In a strongly worded ruling, the court stated that the “declaration of reasons for arrest” given to the accused was fundamentally flawed. The court observed that “a bare view… indicates that the petitioner was not informed of the crime u/s 103(1) BNS,” noting that the documents referred to incorrect sections (403 instead of 103) and failed to specify the actual charge of murder.
The BNS Act, which replaced the Indian Penal Code (IPC) on July 1, 2024, does not contain Section 403(1). Under the Islamic Penal Code, Article 403 deals with the crime of dishonestly embezzling property.
The court rejected the prosecution’s claim of a “clerical error” and held that such discrepancies in all documents could not be treated as simple lapses. “Although it is stated that this is a clerical error, this error cannot occur in all documents,” the order said. She noted that across numerous official records, including the arrest warrant, search warrant and excerpts from case diaries, the same incorrect sections were repeatedly used.
The court also noted that none of the checkboxes indicating the accusations against Sonam were checked.
More importantly, the court ruled that failure to clearly communicate the reasons for arrest deprives the accused of her right to defend herself, thus violating Article 22(1) of the Constitution. “Adequate knowledge of the facts constituting the grounds for arrest was not effectively communicated…prejudice has occurred to her in connection with her defence,” the order read.
Citing Supreme Court judgments, including Vihaan Kumar v. State of Haryana and the Meghalaya High Court judgment, the court concluded that such a violation invalidates the arrest itself and entitles the accused to bail.
The court approved the bail request on several conditions, including that the accused should not flee, tamper with evidence, or influence witnesses. Furthermore, she must attend every court hearing, remain within the jurisdiction of the court unless otherwise permitted, and execute a personal bond. $50,000 with two guarantees of the same amount.
The case relates to the murder of Indore-based businessman Raja Raghuvanshi, who was found dead in a gorge near Wee Sodong Falls in Sohra (Cherrapunji) in June 2025 while on his honeymoon. The police claimed that Sonam conspired with her alleged lover and hired killers to carry out the crime.
While the court order does not affect the ongoing trial, it represents a critical juncture in the case, shifting the focus from the alleged crime to procedural lapses in the arrest.
