Sessions judge M L Tahiliani ordered that Nikalje, a Republican Party of India activist, be released in the event of arrest, on payment of a sum of Rs 5,000.
Nikalje in his application stated that he had gone to Chembur on November 30 to help pacify the mob and not to incite them as claimed by the police in the FIR against him.
He added that there were photographs of him along with senior police officials during the riots, which proved that they could have arrested him on November 30 and did not need to register an FIR against him later.
Nikalje also claimed that the case against him was politically motivated.