Court cites procedural lapses in arrest
The bail was granted after the court found that the police had failed to properly inform the accused about the grounds of her arrest, a key legal requirement. The order was passed by Additional Deputy Commissioner (Judicial) Dashalene R Kharbteng on Sonam’s fourth bail application.
According to reports, the “Intimation of Grounds of Arrest” form presented to Sonam contained major deficiencies. The form reportedly had unchecked sections and referenced an incorrect penal provision under the Bharatiya Nyaya Sanhita (BNS).
The court observed that such lapses directly impacted the accused’s ability to defend herself, making the arrest process legally flawed.
Violation of constitutional rights highlighted
The defence argued that the failure to clearly inform Sonam of the reasons for her arrest amounted to a violation of Article 22(1) of the Constitution, which guarantees that an arrested person must be informed of the grounds of arrest.
The court also noted that there was no evidence to show that Sonam had legal representation when she was first produced before a court in Ghazipur on June 9, 2025. This meant she could not raise objections regarding the arrest procedure at that stage.
After examining the records, the court found that official documents, including the arrest checklist and case diary extracts, incorrectly cited Section 403(1) of the BNS instead of the more serious charge under Section 103(1).
Importantly, the court noted that none of the documents clearly informed the accused that she was being arrested for the more serious offence, further strengthening her claim.
Bail granted with conditions
Taking these factors into account, the court granted bail to Sonam, subject to certain conditions. She has been asked to furnish a personal bond of ₹50,000 and comply with other requirements set by the court.
Her counsel also argued that the trial had been stalled for over two months without any fault on her part, and that she could not be kept in pre-conviction detention indefinitely.
Details of the murder case
The case relates to the alleged murder of Indore-based businessman Raja Raghuvanshi during a honeymoon trip. The couple had travelled to Guwahati and Shillong on May 20, 2025, but were reported missing on May 23.
After an extensive search operation, Raja’s body was recovered on June 2 from a deep gorge in Sohra, located in Meghalaya’s East Khasi Hills district.
Sonam later surrendered in Ghazipur and was arrested along with her alleged lover Raj Kushwaha and three others — Vishal Singh Chauhan, Akash Rajput, and Anand Kurmi — who are accused of being involved in the crime.
Chargesheet and ongoing trial
A Special Investigation Team (SIT) filed a detailed chargesheet in the case, running into 790 pages. The accused have been charged under multiple sections of the Bharatiya Nyaya Sanhita, including those related to murder and criminal conspiracy.
The prosecution alleges that the crime was premeditated and involved hired attackers, though the trial is still ongoing and the allegations are yet to be proven in court.
Conclusion
The bail granted to Sonam Raghuvanshi highlights the importance of procedural safeguards in the criminal justice system. While the case itself remains serious and under trial, the court’s decision underscores that legal processes, including proper communication of arrest grounds, must be strictly followed to ensure a fair trial.