Clerical lapse leads to bail for Sonam Raghuvanshi in gruesome murder case

A court in Shillong has granted bail to Sonam Raghuvanshi, the prime accused in the murder of her husband during a honeymoon trip, after finding serious procedural lapses in the prosecution’s case.

In its detailed order released on April 29 the court rejected the prosecution’s argument that the lapse was merely a “clerical error”, observing that incorrect legal provisions had been cited consistently across official records.

The case involved the prosecution invoking Section 403 instead of Section 103(1) of the Bharatiya Nyaya Sanhita. The court noted that the documents failed to specify the actual charge of murder and repeatedly mentioned an incorrect provision.

“Though it has been argued that this is a clerical error, however such error cannot occur in all documents,” the court said, pointing out that the same mistake appeared in the arrest memo, inspection memo and extracts of the case diary.

The court further observed that the “Intimation of Grounds of Arrest” served to the accused was fundamentally defective, as it did not clearly inform her of the offence under Section 103(1) BNS.

It also noted that required checkboxes indicating the accusations were left unmarked in official records.

Citing these lapses, the court held that the failure to clearly communicate the grounds of arrest violated the accused’s rights under Article 22 of the Constitution of India, which guarantees that a person must be informed of the reasons for arrest.

The court said the lack of proper information had caused prejudice to the accused’s ability to defend herself. Referring to Supreme Court rulings, it added that such violations can vitiate the arrest and justify the grant of bail.

Sonam Raghuvanshi, 25, had been in custody for around 10 months, and her bail plea had been rejected three times earlier before being allowed in this instance.

The court granted bail with conditions, including that she must not tamper with evidence or influence witnesses, must appear for all hearings, and remain within the court’s jurisdiction unless permitted otherwise. She has been directed to furnish a personal bond of ₹50,000 along with two sureties.

The case relates to the death of her husband, Indore-based businessman Raja Raghuvanshi, whose body was found in a gorge near Wei Sawdong Falls in Sohra (Cherrapunji) in June 2025 during their honeymoon. Police have alleged that the murder was carried out as part of a conspiracy involving hired assailants.