The Mapusa trial court has granted anticipatory bail to Delhi-based Dinesh Khera in the alleged forged excise licence case involving Birch by Romeo Lane nightclub, observing that the prosecution’s own case attributes the alleged forgery of the Health Department NOC to the stage of obtaining the original licence and not its subsequent renewal.
Pronouncing the order on Tuesday, Additional Sessions Judge Dvijple Patkar observed that the custodial interrogation of Khera was not necessary as the investigation material prima facie pointed towards the role of owner Gaurav Luthra in submitting the document before the Excise Department. Khera’s role surfaced only later during the renewal process.
The case pertains to allegations that authorised persons of Being GS Hospitality LLP and Birch by Romeo Lane forged a No Objection Certificate purportedly issued by the Primary Health Centre, Candolim, and used it to obtain an excise licence for the Arpora-based establishment.
The prosecution had argued that the forged document enabled the outlet to operate illegally and that the establishment’s functioning ultimately resulted in the deaths of 25 persons and injuries to several others.
During the hearing, the prosecution stated that the prime accused, Ajay Gupta, had already been arrested and that Khera was summoned to cross-check statements made by Gupta, Gaurav Luthra, and Saurabh Luthra.
The court, however, recorded that the prosecution itself had consistently argued in earlier bail hearings of the Luthras that the alleged forgery occurred in 2024 at the time of applying for a fresh excise licence. In contrast, Khera’s role began only during the licence renewal process in 2025.
Granting anticipatory bail, the Court directed Khera to cooperate with the investigation, refrain from influencing witnesses, and not leave the country without prior court permission.
The Mapusa Additional Sessions Court also granted anticipatory bail to Gauresh Gawas, an Upper Division Clerk (UDC) in the Excise Department, who came under scrutiny in the Birch Health NOC forgery case. Contrary to the police opposing the plea, the prosecution informed the court that Gawas fully cooperated with the investigation and that the State considered him not a perpetrator, but a material prosecution witness.
