Birch ‘sleeping partner’ Gupta granted bail in forgery case

THE GOAN NETWORK | 2 hours ago

PANAJI
The Judicial Magistrate First Class (JMFC), Mapusa, on Saturday granted bail to Ajay Gupta, a partner of Birch by Romeo Lane – the restaurant that caught fire in December 2025 killing 25 people – in a separate case related to the alleged forgery of documents to obtain an excise licence.

Gupta, who is presently in judicial custody, is charged with allegedly forging a No Objection Certificate (NOC) purportedly issued by the Primary Health Centre (PHC), Candolim, which was allegedly used to obtain an excise licence for the Arpora nightclub. Allowing the bail application, the JMFC held that the present offence, allegedly committed during 2023-2024, is distinct and independent from the offence registered at Anjuna Police Station in December 2025 in connection with the fatal fire incident. The court observed that both crimes are separately registered and cannot be treated as connected. It further noted that the prosecution could not prima facie attribute criminal antecedents to the applicant, as the present offence predates the Anjuna case.

Gupta had sought bail, contending that he is a 55-year-old permanent resident of Gurugram, Haryana, with no prior criminal history. In his submission, he claimed to be only a 10 percent shareholder and a “sleeping partner” in Being GS Hospitality LLP, with no role in the day-to-day operations, management, or licensing processes of the firm. He also argued that he neither forged the NOC nor uploaded it for obtaining the excise licence, and that there is no vicarious criminal liability without proof of active participation or criminal intent.

The prosecution opposed the bail, contending that Gupta, along with other authorised persons of the LLP, had intentionally and dishonestly prepared a forged NOC by impersonating the health officer of PHC Candolim and using a false entry in the health centre register. 

The court ordered Gupta’s release on bail subject to stringent conditions including executing a personal bond of Rs 1 lakh with two local sureties of Rs 50,000 each, not to tamper with evidence or influence witnesses, not to leave the State of Goa without prior permission of the court.


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