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2026 Supreme(Online)(Cal) 576

CALCUTTA HIGH COURT
NIKHIL GUPTA – Appellant
Versus
NARESH KUMAR AGARWAL AND ANOTHER – Respondent
CRR 3049 / 2025



19.02.2026 Ct. No.42 D/L 9 Mujahid CRR 3049 of 2025 With CRAN 2 of 2025 CRAN 3 of 2026 Nikhil Gupta Vs.

Naresh Kumar Agarwal & Anr.

Mr. Surajit Roy …for the petitioner Mr. Satadru Lahiri Mr. Sourav Paul Mr. Tanmoy Ghosh …for the opposite party no.1 In Re: CRAN 2 of 2025

1. Affidavit of service has been filed, let it be taken on record. 2. This is an application filed by the opposite party/complainant seeking release of Rs. 2.50 lakhs deposited by the accused/petitioner before the learned Registrar General, High Court, Appellate Side, Calcutta in terms of the order of this Court dated 1st September, 2025. Learned counsel undertakes that the complainant/opposite party will file an indemnity bond and affidavit before release of the amount to the effect that in case the petitioner succeeds in the present petition, the complainant/opposite party will refund the amount to the petitioner along with the nationalized bank interest rate prevailing at the relevant time.

3. Learned counsel for the petitioner has opposed the application. Learned counsel submits that the amount may not be released as if the petitioner succeeds in the present petition, he will be seriously prejudice.

4. I have considered the submissions. There is a concurrent order of conviction against the petitioner by the Court of learned Metropolitan Magistrate and the appellate court. This Court while granting the stay directed to deposit of Rs.2.50 lakhs.

5. The Court considers that since there are two concurrent findings against the petitioner and there would be no purpose in detaining the amount with the learned Registrar General, High Court at Calcutta. It would be in the interest of justice if the amount is released to the opposite party/complainant. Subject to the condition that he shall file with the department and affidavit of indemnity bond to the effect that in case the petitioner succeeds in the present petition, the opposite party/complainant shall return the release amount along with the nationalized bank interest rate at the relevant time.

6. Learned Registrar General, High Court at Calcutta is directed to release the amount along with interest accrued thereon, if any, subject to the filing of the above affidavit of indemnity bond and identification as per rules.

In Re: CRAN 3 of 2026

8. This is an application for extension of interim order.

9. The submission considered.

10. The interim order is extended till 22nd May, 2026 or until

further orders, whichever is earlier.

12. Let the matter be listed in the combined monthly list of May, 2026.

(Dinesh Kumar Sharma, J.)

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