The Additional Sessions Judge-1, North Goa, Mapusa, has granted conditional bail to Saurabh and Gaurav Luthra in the Anjuna nightclub fire case, holding that continued incarceration pending a prolonged trial would amount to pre-trial punishment.
The Court, while acknowledging the seriousness of the incident involving 25 deaths, observed that the offences invoked primarily under Sections 105 Part II and 338 of the BNS—do not fall within the category of the “most heinous crimes” such as murder, as they do not involve intent to cause death.
A key factor in favour of the applicants was the filing of the chargesheet, which the Court recognised as a change in circumstances from the stage when their earlier bail pleas were rejected. It reiterated that, at the bail stage, a detailed examination of merits is unwarranted and the role of the accused can be assessed during trial.
On the question of flight risk, the Court found no material to suggest that the applicants were likely to abscond, noting that their passports had been suspended and a Look Out Circular was already in place. It further recorded that there were no allegations of witness tampering during investigation, and that any such apprehension could be addressed through stringent bail conditions.
Importantly, the Court held that the “triple test”, flight risk, tampering with evidence, and influencing witnesses stood satisfied in favour of the applicants. It also extended the benefit of parity with co-accused Ajay Gupta, who had already been granted bail, observing that identical roles had been attributed.
Taking note of the voluminous chargesheet, 306 witnesses, and the likelihood of a protracted trial, the Court held that continued custody would be unjustified and violative of the right to speedy trial under Article 21.
Accordingly, the Court allowed the bail applications and directed release of the applicants on a personal bond of ₹50,000 with a local surety, subject to conditions including non-interference with evidence, restriction on travel outside India without permission, regular court appearance, and furnishing of contact details.
Appearances:
Saurabh Luthra v. State of Goa, Decided on 01.04.2026
Applicant represented by Learned Advocate Mr. P. Rao, with Learned Advocates Mr. A. Pavithran, Mr. Vaibhav Suri, and Mr. R. Vazarkar at the time of arguments.
Respondents represented by Learned Public Prosecutor Ms. J. Santamaria, with Learned Assistant Public Prosecutor Mr. H. Ghate at the time of arguments
Gaurav Luthra v. State of Goa, Decided on 01.04.2026
Applicant represented by Learned Senior Advocate Mr. S. Kantak, with Learned Advocates Mr. Vaibhav Suri, Ms. S. Dessai and Ms. Neha Kholkar at the time of arguments.
Respondents represented by Learned Public Prosecutor Ms. J. Santamaria, with Learned Assistant Public Prosecutor Mr. H. Ghate at the time of arguments.
