A court in Goa has granted regular bail to Saurabh and Gaurav Luthra, who own the Birch by Romeo Lane nightclub, as part of an ongoing investigation into the alleged manipulation of a Health Department no-objection certificate (NOC). This certificate was purportedly forged to secure an excise licence necessary for the establishment’s operation. The ruling was issued on Monday, following the submission of the brothers’ second bail application.

The Judicial Magistrate First Class in Mapusa highlighted that during previous bail terms, there was no substantiated evidence indicating that the accused had attempted to influence witnesses, tamper with evidence, or breach any conditions of their earlier bail. The court also noted that the investigation was complete and acknowledged the accused’s compliance with the Supreme Court’s directives regarding their surrender.

Background of the Case

The case against the Luthra brothers emerged after a disastrous fire at the nightclub on December 6, 2025, which resulted in 25 fatalities and approximately 50 injuries. The complaint that prompted the police investigation was lodged on December 13, 2025, by Dr Roshan Nazareth, the Health Officer at the Primary Health Centre in Candolim.

According to the First Information Report, the brothers allegedly manipulated an NOC intended for another venue and misrepresented it to the Excise Department for the purpose of obtaining a licence for their nightclub in Arpora, North Goa. Initially, the Luthra brothers were arrested on March 30, 2026.

They were granted bail by the Judicial Magistrate on April 8, only for that order to be overturned by the Bombay High Court on August 18, which required them to surrender. Subsequent attempts to challenge this decision were rejected by the Supreme Court, which ultimately provided a two-week window for their surrender. The brothers complied on September 14, 2026, and were then placed in judicial custody.

Arguments and Concerns Presented in Court

In their latest bail applications, the accused contended that the charge sheet failed to demonstrate their direct involvement in the preparation or alteration of the allegedly forged NOC. They specified that the tasks associated with securing the excise licence were managed by co-accused Dinesh Khera, while another individual, Gauresh Gawas, was responsible for document submission.

The defendants also stated that the investigation had concluded, and all evidence collected was largely documentary and electronic in nature, asserting that their ongoing detention was unwarranted. The prosecution, however, opposed the bail, arguing that the collected evidence suggested a prima facie case of wrongdoing by the accused, with concerns raised regarding the potential risk of witness tampering and flight from the jurisdiction.

The court acknowledged these concerns and underscored that while bail was granted, this should not be interpreted as an indication of guilt or innocence, a determination that rests with the trial. To mitigate concerns surrounding witness influence and absconding, the court established specific conditions for the brothers’ bail.

They are required to remain present for the first three consecutive hearings after their release, notify the court of their residential addresses and contact details, and comply with additional stipulations. The prosecution retains the right to seek cancellation of bail should any of these conditions be breached.

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