A court in Shillong has granted bail to Sonam Raghuvanshi, the prime accused in the alleged murder of her husband, Raja Raghuvanshi, citing serious procedural lapses in her arrest.

What the court said

Additional Deputy Commissioner (Judicial) Dashalene R. Kharbteng granted bail on the fourth plea, observing that the police failed to effectively communicate the grounds of arrest to the accused, thereby prejudicing her defence.

The court noted that the “Intimation of Grounds of Arrest” document contained unticked checkboxes and cited incorrect provisions under the Bharatiya Nyaya Sanhita (BNS). It rejected the prosecution’s argument that these were clerical errors, pointing out that such discrepancies appeared consistently across multiple official documents.

Violation of constitutional safeguards

Relying on the Supreme Court judgment in Vihaan Kumar vs State of Haryana and Another (2025), the court held that failure to inform the accused of the grounds of arrest violates Article 22(1) of the Constitution.

It also observed that there was no record indicating the accused had legal representation when she was first produced before a court in Ghazipur in June 2025, depriving her of an opportunity to challenge the arrest at the initial stage.

Bail conditions and current status

The court granted bail on a personal bond of Rs 50,000, along with other conditions.

Sonam had been in custody for over 10 months following her arrest in June 2025. Charges have already been framed in the case, and the prosecution has filed a detailed chargesheet.

Meanwhile, co-accused Raj Kushwaha remains in judicial custody.

Background of the case

The case relates to the alleged murder of Raja Raghuvanshi during a honeymoon trip to Meghalaya in May 2025.

The couple went missing on May 23 after checking out of a homestay in Nongriat. The victim’s body was recovered on June 2 from a gorge near Weisawdong Falls in East Khasi Hills district.

Police have alleged that the crime was premeditated and have named Sonam, along with her alleged associate Raj Kushwaha and three others, as key accused in the case.

Prosecution’s stand

The prosecution opposed the bail plea, arguing that the issue of non-intimation of arrest grounds was raised at a belated stage and that the arrest documents bore signatures indicating due procedure.

However, the court held that failure to properly communicate the grounds of arrest amounted to a violation of due process.

(Inputs from Livelaw)