JUDGMENT :

Ravindra Maithani, J.

Applicant Mr. Jitendra Narayan Tyagi @ Vasim Rizvi is in judicial custody, in Criminal Case No.8 of 2022, under Sections 153A, 298 IPC, Police Station Kotwali, Haridwar, District Haridwar. He has sought his release on bail.

2. Heard learned counsel for the parties and perused on record.

3. The FIR in the instant case has been lodged by Nadim Ali, the informant. According to it, a Dharm Sansad was organized in Haridwar between 17th and 19th December, 2021, in which, it was resolved to wage war against a particular religion; objectionable words were used with regard to the religion, Prophet and religious books. Even thereafter, the chapter did not close. The petitioner, thereafter, released a video message, in which, he again abused a particular religion, Prophet and made utterances so as to wage war against a particular religion.

4. Learned Senior Counsel appearing for the applicant would submit that the offences are punishable maximum for three years of imprisonment and triable by the Magistrate. One of the accused, relating to the Dharm Sansad has already been granted bail by the trial Court with certain conditions. It is argued that the applicant may a